Can a Judicial Justice of the Peace who issued an arrest warrant for an alleged criminal offence be found to have committed a Charter violation?

British Columbia, Canada


The following excerpt is from R. v. Tai Phuoc Nguyen - RFJ, 2006 BCPC 506 (CanLII):

In Ong and Nguyen the Court concluded that the breach was technical and not a serious Charter violation, because the Judicial Justice of the Peace who issued the warrant was able nonetheless to comply with Hunter v. Southam in a fair and impartial manner.

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