The applicant brought a Garofoli application under ss. 8 and 24(2) of the Charter to exclude evidence seized during the execution of a telewarrant at his residence.
The court found that the police officer who swore the information to obtain the warrant was negligent and breached his duty to provide full and frank disclosure, including relying on non-existent surveillance and failing to disclose discrepancies in the confidential informant's information.
After excising the erroneous information and amplifying the record, the court concluded the remaining information was insufficient to establish reasonable grounds for the warrant, resulting in a s. 8 breach.
Applying s. 24(2), the court excluded the evidence, finding the officer's conduct reckless and that admission would bring the administration of justice into disrepute.
