The accused brought a pre‑trial motion under s. 8 of the Canadian Charter of Rights and Freedoms seeking exclusion of a firearm seized during execution of a search warrant at his residence.
The defence argued that the Information to Obtain failed to establish reasonable grounds for the warrant and that the evidence should be excluded under s. 24(2).
The court held that the issuing justice could properly have concluded that reasonable grounds existed based on corroborated confidential informant information and police surveillance showing apparent hand‑to‑hand drug transactions.
The court further held that even if a Charter breach had occurred, the firearm would be admitted under the s. 24(2) framework from R. v. Grant because police acted in good faith and the evidence was reliable and central to the prosecution.
