The applicant brought a Charter application under ss. 8 and 24(2) to exclude evidence seized during the execution of search warrants at his residence and vehicles.
The warrants were based on information from confidential informants and police surveillance.
The court found that while there were sufficient grounds to issue the warrants for the vehicles, the information provided fell short of establishing a credibly based probability that drugs would be found in the residence.
The court concluded that the search of the residence violated s. 8 of the Charter.
Applying the s. 24(2) analysis, the court excluded the evidence seized from the residence, noting the serious impact on the applicant's privacy interests and the affiant's negligence in seeking a residential warrant on deficient grounds.
