The Crown brought an application alleging the defendant breached his conditional sentence order after police executed a search warrant at his residence and found illicit drugs.
The defendant sought to challenge the validity of the search warrant under s. 24(2) of the Charter.
The Crown argued that a judge presiding over a breach hearing under s. 742.6 of the Criminal Code is not a court of competent jurisdiction to hear Charter applications.
The court disagreed, following R. v. Palmer, and held that it has jurisdiction to hear the Charter application.
The matter was adjourned to allow the Crown to provide the redacted Information to Obtain (ITO) to the defence.
