2 total
Application for disclosure of search warrant materials to challenge arrest grounds dismissed as irrelevant.
The accused, charged with drug trafficking and related offences, brought an application for further disclosure of materials related to the Information to Obtain (ITO) for a search warrant.
The accused sought these materials to challenge the grounds for his arrest outside the searched apartment.
The court dismissed the application, finding that the requested materials, including confidential informant notes and database searches, were clearly irrelevant to the grounds for arrest and amounted to a fishing expedition.
Standing to challenge apartment search denied due to lack of privacy expectation; standing granted for personal search.
The applicant, charged with drug trafficking offences, sought standing to challenge a police search of an apartment where he was staying and the seizure of items from his person upon arrest outside.
The court applied the Edwards factors and found the applicant had no reasonable expectation of privacy in the apartment, as he was merely a houseguest with no control over the premises.
However, the court granted standing to challenge the seizure of drugs and money found on or near his person at the time of his arrest.