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CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Legal rights - Procedural rights - Protection against self-incrimination, right to silence - Protection against unreasonable search and seizure

Monday, November 06, 2017 @ 12:28 PM  

Appeal by the accused, Silva, from convictions for armed robbery and possession of a restricted firearm. Five individuals robbed an auto body shop at gunpoint. Two months later, police executed a search warrant at the home of the accused's girlfriend and seized a loaded semi-automatic handgun. The trial judge subsequently found that the Information to Obtain (ITO) contained insufficient grounds to connect the accused to the residence. During the search, the accused stated that the gun belonged to him rather than his girlfriend. He subsequently took...