The accused challenged the facial validity of two search warrants executed at his residence following a Garofoli ruling that some offences listed in the warrants were unsupported by the Information to Obtain.
The accused argued that the entire warrants must be quashed because the unsupported offences rendered the warrants invalid and could not be cured by severance.
The Crown submitted that the unsupported portions could be severed, leaving valid authorizations.
The court reviewed the doctrine of severability in the context of search warrants and held that where the invalid portions are clearly separable and not vital to the authorization, they may be excised without invalidating the remainder.
The court concluded that the unsupported offences and related items could be severed and that the remaining portions of the warrants constituted valid authorizations.
