The accused, charged with human trafficking offences, brought an application under s. 8 of the Charter alleging that the Information to Obtain (ITO) a search warrant for his mobile phone lacked reasonable and probable grounds.
The phone was seized incident to arrest.
The reviewing judge applied the Garofoli standard and found that the ITO contained sufficient information, including the co-accused's extensive use of a mobile phone to facilitate the offences and the applicant's integral involvement, to provide reasonable grounds to believe evidence would be found on the applicant's phone.
The application was dismissed.