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Charter application dismissed; unsworn communication with justice of the peace did not vitiate search warrant.
The applicant brought an application under s. 8 of the Charter, alleging her rights were violated because a search warrant for her residence was issued after the justice of the peace received unsworn, unrecorded clarification from the affiant over the phone.
The court found that the affiant only reiterated information already contained in the sworn Information to Obtain (ITO) and did not provide any new information.
The court concluded that the warrant could have been issued based solely on the sworn ITO, and therefore no s. 8 Charter breach occurred.
The application to exclude evidence was dismissed.
