The applicant, Daniel Thompson, brought a motion under s. 24(2) of the Canadian Charter of Rights and Freedoms to exclude evidence obtained during the execution of a search warrant at 124 Cadillac Crescent, Brampton, alleging a s. 8 Charter infringement due to insufficient reasonable grounds for the warrant.
The court reviewed the Information to Obtain (ITO), considering alleged omissions and misrepresentations by the affiant.
The court found that despite a minor omission regarding the applicant's post-buy travels, the ITO contained sufficient credible and reliable evidence, including MTO records, vehicle registration, and surveillance, to establish reasonable and probable grounds for the warrant.
The court relied on the affiant's detailed experience in drug investigations and reasonable inferences drawn from the evidence.
The application to exclude evidence was dismissed, as no Charter violation was found.
