The applicant challenged a search warrant for his home and vehicle, arguing a breach of his s. 8 Charter rights due to a lack of reasonable and probable grounds and improper use of the telewarrant procedure.
The court applied the Garofoli procedure for redacted Information to Obtain a Search Warrant (ITO) and the Debot criteria for informant tips.
The court found the informant's tip compelling and corroborated, despite some weaknesses in credibility.
It also found no material non-disclosure by the police and that the telewarrant procedure was properly used, as "impracticable" does not require urgency or impossibility.
The application to exclude evidence was dismissed, with the court noting that even if there was a s. 8 breach, the evidence would be admissible under s. 24(2) of the Charter following the Grant test.
