The accused brought a motion to quash three search warrants and exclude evidence obtained from their execution.
The warrants were issued based on an Information to Obtain (ITO) that relied primarily on an unconfirmed tip from a confidential informant regarding drug dealing outside a bar, supplemented by limited surveillance observations and an undercover entry into the accused's apartment.
The court found that the ITO lacked sufficient credible and reliable evidence to establish reasonable and probable grounds for the warrants.
Additionally, the manner of execution—including an unannounced forced entry and ramming of doors—was unreasonable.
The court excluded all evidence obtained from the searches under section 24(2) of the Canadian Charter of Rights and Freedoms, finding that admission would bring the administration of justice into disrepute due to inadequate police disclosure, sloppy investigative work, and excessive force during execution.
