R. v. Toronto Humane Society, [2010] O.J. No. 1856

Motion by the Ontario Society for the Prevention of Cruelty to Animals for standing or intervenor status on the Toronto Humane Society’s application to quash a search warrant. THS alleged the search warrant violated its s. 8 Charter rights since it had not been charged with an offence. The Crown supported the OSPCA’s motion. OSPCA inspectors had obtained a search warrant to investigate allegations of mistreatment of animals at THS. The search warrant had been ongoing since November 26. Various THS employees had been charged with criminal offences, which the Crown had taken carriage of.

HELD: Motion allowed in part. If the OSPCA’s request for standing were granted, it would mean that all police agencies would have standing in challenges of search warrants, which they clearly did not. Once the Crown intervened, it had carriage over the criminal charges and played a separate role from the OSPCA, so it would not be appropriate to grant standing. However, because the search warrant dealt with the seizure of live animals that had allegedly been treated cruelly, the OSPCA had a unique interest and could make helpful submissions separate from those of the Crown. Granting intervenor status would not create prejudice or delay and the OSPCA would be limited to making oral and written submissions.

Source: Case Law

Jurisdiction: Ontario

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