A. Perrin

The accused, facing charges of dangerous driving and trafficking large quantities of fentanyl, underwent a detention review under s. 525 of the Criminal Code.

The accused argued that the passage of time, the COVID-19 pandemic, and a new release plan constituted material changes in circumstances warranting his release.

The court found insufficient evidence that the accused was at a greater risk of contracting COVID-19 or suffering severe harm from it in custody.

Furthermore, the proposed release plan lacked sufficient detail to address the significant secondary and tertiary ground concerns arising from the severity of the offences.

The court ordered the accused's continued detention.

The applicant brought a s. 8 Charter application seeking to exclude 141 grams of cocaine seized during a warranted search of his residence and vehicle.

He argued the Information to Obtain (ITO) lacked sufficient grounds as it relied on unproven confidential informants and omitted their criminal records.

The court found the tips from three known informants were compelling, credible, and corroborated by police investigation.

The omission of the informants' criminal records was not material as they did not contain crimes of dishonesty.

The court concluded the warrant was properly issued and there was no s. 8 breach.

Alternatively, the court held the evidence would be admissible under s. 24(2) of the Charter.

The application was dismissed.