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The Queen v. Noc T. (Barrie)

Noc T. was charged with operating a marijuana grow op from a house in Barrie. The evidence obtained by police during a search warrant was excluded under sections 7 and 8 of the Charter of Rights because police used an agent to enter the house, remove evidence and to get Noc T. to incriminate herself. The problem was not with the police using an agent, but in concealing that fact from the defence. The case highlights the often ambiguous but critical distinction between a confidential informant, whose identity can be protected, and a police agent, whose identity and involvement must be disclosed to the defence. Noc T. was found Not Guilty.

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