Crown appealing judge's decision to toss evidence from Kamloops gun-bust case

KAMLOOPS - The criminal justice branch is appealing a recent decision from a Kamloops Supreme Court justice after all the evidence collected against a man was tossed from trial due to Charter violations.

Justice Hope Hyslop tossed the case against accused Charles Patrick in December, 2015 after determining Kamloops RCMP made mistakes while arresting the accused. Hyslop ruled the errors continued when Mounties raided Patrick’s house and took numerous firearms without a complete warrant. All evidence from Patrick’s arrest to the seizure was omitted from the Crown’s case, which led to it being dismissed.

Neil MacKenzie, a spokesperson with the criminal justice branch, confirmed Crown filed an appeal in Vancouver on Dec. 22, 2015.

“The branch reviewed the trial judge’s decision on the case and concluded it was appropriate to pursue an appeal,” MacKenzie said, noting errors of law in the trial court’s finding gave Crown grounds to challenge Hyslop’s decision.

A hearing date for the appeal has not been set.

To contact a reporter for this story, email Glynn Brothen at, or call 250-319-7494. To contact the editor, email or call 250-718-2724.

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