Douglas Gosbee

The applicants, charged with cannabis and proceeds of crime offences, brought Charter applications to exclude evidence seized from their residence and coffee shop.

They alleged breaches of ss. 7 and 8 of the Charter.

The court found multiple s. 8 breaches: the search warrant contained the wrong address (rendering it a warrantless search), the Information to Obtain (ITO) failed to disclose reasonable grounds to search the apartment, and the police executed a 'no-knock' entry without justification.

The court dismissed the s. 7 claim that police planted evidence.

Applying the Grant framework, the court concluded that admitting the evidence would bring the administration of justice into disrepute and excluded the seized cannabis and cash.

The appellant appealed his convictions under sections 7(1) and 5(2) of the Controlled Drugs and Substances Act for operating a marijuana grow-operation in his rental apartment unit.

The appellant challenged the convictions on grounds of misapprehension of evidence and unreasonable verdict.

The trial judge had found that the appellant maintained control of the unit and had knowledge of the grow-operation based on his tenancy, exclusive access, rent payment, and personal documents found in the unit.

The Court of Appeal upheld the convictions, finding all findings of fact were open to the trial judge and that no other rational conclusion was available on the evidence.