Sopinka J.
Sopinka J. ‑‑ In this appeal as of right, we are in substantial agreement with the reasons of Chipman J.A. dissenting in the Court of Appeal (1995), 141 N.S.R. (2d) 103.
In particular, we agree with Chipman J.A. that the trial judge erred in his application of the Debot factors (R. v. Debot, [1989] 2 S.C.R. 1140) in finding that the police officer lacked reasonable and probable grounds for the search.
The appeal is allowed, the judgments of the trial judge and Court of Appeal are set aside and a new trial is ordered.
Cases cited
- 141 N.S.R. (2d) 103 141 N.S.R. (2d) 103 ¶ 1
- R. v. Debot 20099-1989-12-07 ¶ 2