The applicant, John Porter, facing charges of accessing child pornography, brought a motion alleging violations of his rights under sections 7 and 8 of the Canadian Charter of Rights and Freedoms.
He sought the exclusion of evidence seized under a search warrant and a stay of proceedings due to pre-charge delay.
The court dismissed the section 8 claim, finding the search warrant validly issued despite a significant time lapse between the alleged offence and the warrant's execution, distinguishing the case from R. v. Morelli.
The court also dismissed the section 7 claim, concluding that the pre-charge delay was justified by police prioritization of higher-risk cases and did not constitute an abuse of process or impair the applicant's ability to make full answer and defence.
