The accused sought exclusion of cocaine and cash seized during execution of a Controlled Drugs and Substances Act telewarrant, alleging breaches of ss. 8, 10(b), and 24(2) of the Charter.
The court held that the Information to Obtain did not comply with s. 487.1(4) of the Criminal Code because it omitted the required statement explaining why it was impracticable to appear personally before a justice, rendering the telewarrant invalid and the search warrantless.
However, the court rejected allegations that police failed to provide a copy of the telewarrant or denied access to counsel.
Applying the Grant framework under s. 24(2), the court found the breach was at the less serious end of the spectrum, the impact on privacy interests was significant, and society's interest in adjudication on the merits strongly favoured admission.
The exclusion application was dismissed and the evidence admitted.
