The accused brought a pre‑trial Charter application seeking exclusion of drugs, a firearm, and other evidence obtained through a search warrant executed at his residence.
The court reviewed the telewarrant process and the sufficiency of the Information to Obtain (ITO), finding that the warrant relied largely on an unproven confidential informant with no reliability record and minimal corroboration.
The ITO contained misleading statements and significant omissions, including speculative allegations linking the accused to drug activity and failure to disclose surveillance showing no suspicious activity.
The court concluded that the issuing justice lacked sufficient reliable evidence to establish reasonable and probable grounds and quashed the warrant.
Considering additional Charter breaches, including excessive force during execution and violation of the right to counsel, the court excluded the seized drugs, firearm, and ammunition under s. 24(2).
