Addendum to June 27, 2003 ruling

 

R. v. Carambetsos

 

 

Justice P. B. Hambly

 

 

The following changes shall be made in my ruling dated June 27, 2003:

 

1.            In paragraph 7, line 6, the word “and” shall replace the word “along” so that the phrase reads, “on a cement pad and the south wall.”

2.            In the 5th line of paragraph 6, the word “South” will be added after “Matheson Street” so that the phrase reads “Matheson Street South” and the 4th line of paragraph 7 shall read “Matheson Street South and Third Street South”.

3.            In the eighth line in paragraph 37, “Rousseau” shall be replaced with “Mousseau”.

4.            In the eleventh line of paragraph 70, the word “on” after “Ponton” shall be removed and the phrase inserted, “in response to the letter of Jukes dated” so that the phrase reads, “gave to Ponton in response to the letter of Jukes dated October 28”.

5.            In paragraph 72, line 27, the word “to” shall be replaced by the word “through” so that the phrase reads, “the man who went through the middle door”.

6.            In line 1 of paragraph 74, the words “without a warrant” shall be inserted after the word “arrest” so that the phrase reads, “may arrest without a warrant a person”.

7.            In the last line of paragraph 77 the word “resulting” shall be replaced by the word “resulted”.

8.            In paragraph 83, in the quote after A: in the sixth line the word “they” shall be replaced by “the” so that the phrase reads, “and the guy turning around”.

9.            In paragraph 93, section 10(a) of the Charter shall be inserted as follows: “(a) said to be informed properly of the reasons therefore;”.

10.        In paragraph 106, section 8 of the Charter shall be inserted as follows: “s. 8 Everyone has the right to be secure against unreasonable search or seizure.”

11.        In paragraph 107, the number 7 shall be replaced by the number 1, so that the heading is as follows: “1. The test in Collins and Stillman”.

12.        In the second line of paragraph 113 the word “search” shall be replaced by the word “searched”.

13.        In paragraph 113, the sixth line of the quote, the word “him” shall be replaced by the word “himself” so that the phrase reads, “to satisfy himself or herself”.

14.        In the last line of paragraph 122, the word “feet” shall be replaced by the word “hands” so that the phrase reads, “either his hands or his boots”.

15.        Over paragraph 129, the heading shall be inserted as follows: “5. Conclusion”.

16.        In paragraph 136, in the first line of the quote the word “it” shall be inserted after the word “if” so that the phrase reads, “if it appears”.

17.        In paragraph 154 in the second line, the words “on October 31” shall be inserted after “machine” so that the phrase reads, “answering machine on October 31 that the crown was”.

18.        In paragraph 157 on the second line, the word “way” shall replace the word “was” so that the phrase reads, “surely there is a better way for Mitchell”.

19.        In my view, none of these corrections changes the meaning of the ruling in any way. I will issue a new ruling with the same date with these corrections.

 

 

Date: February            , 2004                                       ______________________________

                                                                                    Justice P. B. Hambly