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Judge erred in dismissing warrant, court finds

Thursday, September 15, 2016 @ 8:00 PM | By Jillian Kestler-D'Amours

A recent Court of Appeal of British Columbia case provides a good reminder that deference must be paid to justices who issue search warrants, criminal law experts have said.

“This strikes me as a fairly fact specific case. It doesn’t really establish new law as far as the review of search warrants go,” said Gerald Chan, a lawyer with Stockwoods Barristers, about the decision in R. v. Loewen 2016 BCCA 351.

In its decision, the B.C. Court of Appeal overturned a voir dire hearing decision to...