SUPREME COURT OF CANADA Citation: R. v . James, 2019 SCC 52, [2019] 3 S.C.R. 918 Appeal Heard: November 8, 2019 J udgment Rendered: November 8, 2019 Docket: 38616 Between: Her Majesty The Queen Appellant and Justin James Respondent Coram: Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer JJ. Reasons for Judgment: (paras. 1 to 2) Wagner C.J. (Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer JJ. concurring) r. v. james Her Majesty The Queen Appellant v. Justin James Respondent Indexed as: R. v. James

2019 SCC 52 File No.: 38616. 2019: November 8.

Present: Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer JJ. on appeal from the court of appeal for ontario Constitutional law — Charter of Rights — Search and seizure — Trial judge finding that police violated accused’s Charter right to be secure against unreasonable search or seizure when it obtained search warrant based on insufficient information — Trial judge excluding evidence and acquitting accused of drug and firearm charges — Majority of Court of Appeal dismissing Crown appeal — Dissenting judge finding that there was no breach of accused’s s. 8 Charter right — New trial ordered.

Statutes and Regulations Cited Canadian Charter of Rights and Freedoms , s. 8 . APPEAL from a judgment of the Ontario Court of Appeal (Pardu, Nordheimer and Harvison Young JJ.A.), 2019 ONCA 288 , 145 O.R. (3d) 321, 440 D.L.R. (4th) 582, 373 C.C.C. (3d) 364, 432 C.R.R. (2d) 74, [2019] O.J. No. 1827 (QL), 2019 CarswellOnt 5350 (WL Can.), affirming the acquittals of the accused. Appeal allowed, Abella, Karakatsanis, Brown and Martin JJ. dissenting. Jennifer Epstein , Matthew Asma and Joseph Hanna , for the appellant. Scott C. Hutchison and Kelsey Flanagan , for the respondent.

The judgment of the Court was delivered orally by [ 1 ] The Chief Justice — A majority of the Court would allow the appeal and order a new trial, substantially for the reasons of Justice Nordheimer, to the extent that he concluded that there was no breach of s. 8 of the Canadian Charter of Rights and Freedoms . [ 2 ] Justices Abella, Karakatsanis, Brown and Martin would have dismissed the appeal, substantially for the reasons of

Justice Pardu. Judgment accordingly. Solicitor for the appellant: Attorney General of Ontario, Toronto. Solicitors for the respondent: Henein Hutchison, Toronto.