The applicant, charged with drug trafficking and firearms offences, applied to exclude evidence seized from his basement residence pursuant to a search warrant, alleging breaches of ss. 8 and 9 of the Charter.
He argued the Information to Obtain (ITO) relied on uncorroborated confidential informant tips and contained misleading statements.
The court excised certain overstatements from the ITO but found the remaining information, including corroborated tips and police surveillance, established reasonable and probable grounds for the search.
The court further held that even if a Charter breach occurred, the evidence would not be excluded under s. 24(2) as the police acted in good faith and the societal interest in adjudicating serious drug and firearms charges favoured admission.
The application was dismissed.
