R. v. Moores, 2023 ONCJ 276

ONTARIO COURT OF JUSTICE CITATION: R. v. Moores, 2023 ONCJ 276 DATE: June 27, 2023 BETWEEN: HIS MAJESTY THE KING — AND — DEVANTE MOORES Before Justice Louise A. Botham Ruling on Sufficiency of Judicial Summaries Faiyaz Alibhai & Sara Gardezi …...... for the Public Prosecution Service of Canada Ravin Pillay ……………………………..… Counsel for the Applicant Devante Moores BOTHAM J.: [1] On April 2, 2022 a search warrant was executed at 25 Esplanade, Unit 2415. The Applicant’s car and residence was alsosearched pursuant to the same warrant. [2] The ITO sworn in support of the warrant authorizing both searches has been heavily redacted. The Respondent has prepared ajudicial

summary with respect to the ITO. I have heard submissions from the Respondent with respect to the proposed

summary duringthree in-camera proceedings. I have reviewed the judicial

summary and compared it to the unredacted ITO. [3] Our Court of Appeal in Crevier 2015 ONCA 619 , 2015 OJ NO 5109 at para 72, explained that a well-crafted judicialsummary means only that the accused be aware of the general nature of the redacted details, not the details themselves. This isnecessarily a challenging process requiring the reviewing judge to be satisfied that the

summary includes as much information aspossible, while maintaining informer privilege. The reality is, as the Court states in Crevier, para 83, the

summary will never be acomplete substitution for full disclosure. However it should also be remembered that the scope of my review is to determine whether thepreconditions for the issuance of the warrant were met. The relevant factors set out in para 84 of Crevier are helpful in highlighting thetype of information which ought to have been before the issuing justice. It is not contemplated that the actual details of that informationwould be provided to the Applicant. [4] Having reviewed both the judicial

summary and the unredacted ITO, I am satisfied that the

summary is sufficient to inform theApplicant as to the nature of the excised material in order to challenge it in argument or by evidence. If other issues arise as a result ofthe Applicant’s cross-examination of the affiant, the adequacy of the judicial

summary, as always, can be revisited. Released: June 27, 2023 _____________________ Justice Louise A. Botham