Mar 18, 2014

Summary of R. v. Morris

R. v. Morris, 1997 CanLII 508 (NS SC)
This was an application by the accused to have a search warrant quashed and the material seized under the authority of the warrant excluded from evidence at his trial for possession of a narcotic for the purpose of trafficking. In the Information to Obtain Search Warrant, the R.C.M.P. officer seeking the warrant listed an officer at a different detachment as the informant, even though he had not spoken to the officer. In fact, the information had been relayed to him in a fax sent by a second officer at the other detachment.Dismissing the application, that the police officer's belief that it was appropriate for him to provide the ultimate source of the information, as opposed to the intermediate source, was held in the utmost good faith. Any breach of the accused's Charter rights was therefore merely technical in nature. This case is distinguishable from those where the police do not act in good faith, such as an attempt to avoid disclosing the ultimate source of information.