The accused brought an application to exclude intercepted communications obtained pursuant to two Part VI authorizations under the Criminal Code and to exclude evidence obtained from two search warrants issued under section 487 of the Criminal Code.
The accused challenged the sufficiency of grounds, investigative necessity, and alleged bias on the part of the issuing Justice of the Peace.
The court found that the first authorization had sufficient grounds and that investigative necessity was established.
However, the court found a reasonable apprehension of bias due to a familial and commercial connection between the accused and the issuing Justice of the Peace.
While the search warrants were found to be invalid due to this bias, the court admitted the evidence under section 24(2) of the Charter, finding that exclusion would not serve the interests of justice given the good faith of police and the serious nature of the charges.
