The applicant, Marco Viscomi, brought a Charter application to exclude Canadian-gathered evidence from a second extradition application, alleging unlawful residential searches, improper execution of searches, unauthorized forensic searches, unlawful detention of seized items, and a breach of the affiant's duty of candour in obtaining a search warrant.
The court dismissed the application, finding that the search warrants were lawfully issued, the forensic searches were authorized, the detention of items was not contrary to the Charter, and there was no material breach of the duty of candour.
While acknowledging potential minor Charter breaches related to arbitrary detention, the court concluded that these were not serious and had no meaningful impact on the lawfulness of the evidence seizure, thus not warranting exclusion under s. 24(2) of the Charter.
