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The Court of Appeal upheld the constitutionality of the Garofoli step six procedure for challenging search warrants.
The appellant challenged the constitutionality of the 'step six' procedure for challenging search warrants based on confidential informant information, arguing it infringed the right to full answer and defence under s. 7 of the Charter.
The appellant also argued the search warrant was invalid as the information to obtain (ITO) was not credible, compelling, and corroborated.
The Court of Appeal dismissed the appeal, holding that the 'step six' procedure appropriately balances the accused's Charter rights with the need to protect confidential informants, and that the warrant was properly issued based on sufficiently credible, compelling, and corroborated information.
