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R. v. Ereiser
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"R. v. Ereiser
Q.B.C. No. 2100
A.D. 1996 J.C.S.
IN THE QUEEN'S BENCH
JUDICIAL CENTER OF SASKATOON
About AN APPLICATION FOR AN ORDER RESTORING TO THE POSSESSION OF THE
APPLICATIONS RONALD EREISER AND KERROBERT SATELLITE & CELLULAR
CERTAIN ARTICLES SEIZED PURSUANT TO TWO SEARCH WARRANTS ON JUNE 24, 1996
AND IN THE MATTER OF SECTIONS 8 AND 24 OF THE CANADIAN CHARTER OF
RIGHTS AND FREEDOMS
AND IN THE MATTER OF SECTIONS 487, 489.1, AND 490 OF THE CRIMINAL CODE
OF CANADA
AND IN THE MATTER OF SECTION 31(1) OF THE INTERPRETATION ACT
BETWEEN:
HER MAJESTY THE QUEEN
RESPONDENT
- and -
RONALD EREISER AND KERROBERT SATELLITE & CELLULAR
APPLICANTS
Mr. Barry Miller for the respondent
Mr. Ian Angus for the applications
JUDGEMENT KLEBUC J.
May 16, 1997
Ronald Ereiser and Kerrobert Satellite & Cellular
have applied by motion for an order for the return of articles seized
from their premises at Kerrobert, Saskatchewan,
pursuant to two search warrants issued by a justice of the peace
in and for the Province of British Columbia on June 24, 1996
and endorsed by a judge of the Provincial Court of Saskatchewan
on June 25, 1996.
The warrants were obtained on the basis that
a search of the applicatns' premises would provide evidence
concerning the following offences:
COUNT 1
... Wayn HOLLOHAN ... Ronald EREISER ... Dennis DEFLORVILLE
and David William DAWSON,
between the 1st day of September 1995 A.D. and the 24th day June 1996 A.D.,
in the Province of British Columbia, and elsewhere in Canada,
did conspire to manufacture, possess, and distribute
a device designed to obtain the use of a telecommunication service
without payment of a lawful charge therefore,
together and with others to commit the indictable offence of
theft of telecommunications
CONTRARY TO SECTION 465(1)(c) of the CRIMINAL CODE OF CANADA .
. . .
COUNT 3
Ronald EREISER and KERROBERT SATE"
....
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