The accused brought a Garofoli application alleging a s. 8 Charter breach and seeking to exclude evidence obtained through a search warrant.
As a preliminary step, they sought leave to cross-examine the affiant and several sub-affiant police officers regarding the Information to Obtain supporting the warrant.
The court reviewed the governing test from Garofoli and Pires and emphasized that cross-examination is permitted only where it is reasonably likely to assist in determining whether the issuing justice had sufficient grounds.
Most proposed areas of questioning were rejected as speculative, irrelevant, or risking disclosure of confidential informant identities.
Limited cross-examination was permitted on specific issues relating to informant independence, the meaning of “successful result” in relation to informant compensation, certain TPS disclosure materials, and errors in the ITO.
