R. v. Donaldson, 1990 CanLii 630 BCCA – Justice E. Hinkson – Securities Fraud & Search and Seizure

Cases of Note / 31.12.1990

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In R. v. Donaldson, the trial judge held that the Crown had not demonstrated on a balance of probabilities that the searches were justified.  He stated that the deception by B. and his fellow officers in obtaining the search warrants and the informal manner of obtaining the documents from the broker by disregarding the specific terms of each warrant, was misconduct which brought the administration of justice into disrepute. He considered that the administration of justice would be brought into further disrepute by the admission of evidence because its admission would amount to judicial condonation of unacceptable conduct in the investigation and prosecution of the case.

…It is not to be overlooked that an application to a Justice of the Peace for a search warrant is made ex parte. Thus it is essential that the police not deceive the Justice as to the basis on which the search warrants are being sought.

I conclude…the admission of the evidence would bring the administration of justice into disrepute.