The applicant was charged with trafficking cocaine, possession of cocaine for the purpose of trafficking, possession of proceeds of crime, and firearm-related offences.
The applicant brought a section 8 Charter motion challenging the validity of search warrants for his residence and two vehicles, and alleging that a search of a storage locker was warrantless and unauthorized.
The Crown conceded that the storage locker search was warrantless.
The court found that the search warrants for the residence and vehicles were validly issued based on reasonable and probable grounds, but that the warrantless search of the storage locker violated section 8 of the Charter.
The court excluded the evidence obtained from the storage locker under section 24(2) of the Charter, finding that the seriousness of the breach and its impact on privacy rights outweighed society's interest in adjudication on the merits.