Successful ITO and Warrant Challenge Leads to Stay of Proceedings

Waugh & Associates were hired specifically to challenge the police conduct during the course of an investigation into alleged possession of child sexual exploitation materials. Counsel raised a three-prong attack on the search warrant arguing that the warrant itself was facially invalid as well as arguing that the underlying ITO was both facially and sub-facially invalid. Counsel also argued that the client was initially arbitrarily detained and denied proper access to counsel and later, that the client was unlawfully arrested and again denied proper access to counsel. This matter was scheduled for two weeks of voir dire in BC Supreme Court to argue these issues. The search warrant arguments were heard first. The Court agreed with all of Waugh & Associate’s arguments and struck down the search warrant. Upon receiving this decision, Crown counsel entered a stay of proceedings mid-trial.

Outcome: Stay of Proceedings. All charges dropped mid-trial.