R v Haughton, 2011 BCPC

This voir dire is pursuant to applications made by Ms. Haughton under s. 8 of the Charter, which challenged the issuance and execution of the search warrant obtained by the Society for Prevention of Cruelty to Animals. Ms. Haughton alleged three breaches: (1) an SPCA employee unlawfully trespassed on her property in order to gather information for a search warrant; (2) the information used by Special Police Constable (SPC) Wiltse to obtain the search warrant was not based on reasonable and probable grounds because only one complainant was relied on, and; (3) the scope of the warrant was exceeded when SPC Wiltse and others took photographs and video of the property and animals and looked through her record books and refrigerator. The Court dismissed the s. 8 application.