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POWERS OF SEARCH AND SEIZURE - Search warrants - Reasonable grounds

Friday, June 25, 2021 @ 8:18 AM | By Peter Carter

Lexis Advance® Quicklaw®
Application by the accused, charged with three child pornography offences and obstruction of justice, to set aside a production order and search warrant. The National Child Exploitation Coordination Centre received a report from Kik Interactive, a tech company, that a user uploaded a child pornography image. The affiant of the ITO viewed the report and image and believed it to be child pornography. The production order sought subscriber information related to the IP address that uploaded the image. The ITO for both the production order and search warrant contained errors in attributing the sources of information and the date the report was received. The warrant to search the accused’s home was based on information obtained through the production order as well as additional investigation by the police.

HELD: Application dismissed. The errors were not committed in bad faith and had no impact on the strength of the grounds to support the production order. The affiant did not mislead the justice or overinflate the quality of the Kik report by omitting to provide the detail that Kik did not verify account information. Nothing needed to be excised from the ITO. There was an ample basis to support the production order. Similar errors in the ITO for the search warrant were also of no substantive significance. There was no violation of the accused’s s. 8 Charter rights.

R. v. Subia, [2021] O.J. No. 2658, Ontario Superior Court of Justice, S. Boucher J., May 13, 2021. Digest No. TLD-June212021010