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Search warrants were quashed and evidence excluded due to an insufficient Information to Obtain and unreasonable forced entry.
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.
Accused acquitted of sexual assault and criminal harassment due to reasonable doubt and credibility issues.
The accused was charged with sexual assault, criminal harassment, and two counts of breach of probation relating to his former intimate partner.
The complainant alleged the accused raped her after his parents stayed overnight at her home, and later harassed her with text messages.
The accused testified the sexual activity was consensual and the text messages were attempts to rekindle the relationship, supported by evidence from his father and a family friend.
Applying the W.(D.) framework, the court found the complainant's evidence unreliable and inconsistent, and the accused's evidence raised a reasonable doubt.
The accused was found not guilty on all charges.
