The accused, charged with drug and firearm offences, brought a Charter application challenging a production order for condominium surveillance footage.
The court found the accused had a low reasonable expectation of privacy in the controlled common areas of the building, but none in the publicly accessible areas.
The court allowed the Crown's step-six Garofoli application to rely on the unredacted ITO, finding the judicial summary provided sufficient information to challenge the authorization.
Ultimately, the court upheld the production order, concluding the issuing justice could have found reasonable and probable grounds based on the confidential informant's tips and police surveillance, and further noted that the property manager's consent provided independent lawful authority for the police access.
