The applicant, Matthew Blake, sought to exclude evidence obtained via search warrants for his residence and vehicle, arguing a Section 8 Charter violation due to insufficient grounds in the Information to Obtain (ITO).
The court found that while there were reasonable grounds to believe the applicant was a drug trafficker, the ITO lacked specific grounds to believe evidence would be found at his residence, relying instead on generalized assumptions about drug traffickers.
This violated the applicant's Section 8 Charter rights.
Applying the Grant test, the court weighed the seriousness of the state conduct (lack of specific grounds for search), the high impact on the applicant's privacy in his home, and society's interest in adjudication on the merits.
Despite the reliability and criticality of the evidence, the court concluded that admitting it would bring the administration of justice into disrepute.
The application to exclude the evidence was granted.