A. Weiler

The accused brought a Garofoli application seeking to invalidate a search warrant and exclude evidence under s. 24(2) of the Charter on the basis that the warrant failed to specify the execution date.

The accused argued the omission rendered the warrant unconstitutional and sought exclusion of both the seized evidence and later intercepted statements alleged to flow from the unlawful search.

The court held that the absence of a specified search date was a technical irregularity that did not undermine the validity of the warrant, as the Information to Obtain and execution window clearly implied the intended search date.

No bad faith or negligence by police was found.

Even if a Charter breach had occurred, the court held the evidence would not have been excluded under the Grant framework.

The applicant sought standing to challenge the constitutional validity of a vehicle stop and the subsequent search of cell phones belonging to three other individuals.

The applicant argued he had a reasonable expectation of privacy in text messages he had exchanged with one of the individuals, relying on previous jurisprudence.

The court rejected this argument, applying the Edwards factors to find that the applicant had no indicia of ownership or control over the phones or the text messages once sent.

The court concluded the applicant had no reasonable expectation of privacy in the text messages on the third parties' phones and therefore lacked standing to challenge the search.