R v Bingley, 2010 NSPC 72

Application for the exclusion of evidence obtained in a search and seizure in Bingley’s residence. In allowing the application, the Court found that the information to obtain the search warrant was inadequate, and accordingly the execution of the search warrant was in violation of s 8 of the Charter. Specifically, the Court stated that there was nothing in the information that detailed the requisite specifics to lead to obtaining a search warrant. Holding that the search and seizure was conducted without proper prior constitutional authorization, the evidence was excluded and the charges against Bingley under the Animal Cruelty Prevention Act were dismissed.

Source: Case Law

Jurisdiction: Nova Scotia

Topics: Canadian Charter of Rights and Freedomsexclusion of evidencereasonable groundssearch warrant

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