The defendants brought pretrial applications alleging breaches of their rights under ss. 8 and 9 of the Charter, seeking the exclusion of evidence under s. 24(2).
The charges of possession of methamphetamine for the purpose of trafficking arose after police stopped the defendants' vehicle based on confidential informant tips, surveillance, and tracking device data.
The court found the police had reasonable and probable grounds to arrest all three defendants, making the arrests lawful and not arbitrary.
Consequently, the searches incident to arrest were also lawful.
Furthermore, the court upheld the validity of the search warrants issued for the cellular phones found in the vehicle, concluding the Information to Obtain (ITO) affidavits contained sufficient credible evidence.
The applications were dismissed.
