The applicant sought a ruling to exclude evidence obtained from a motor vehicle's "Infotainment system" arguing that police searches violated sections 7 and 8 of the Canadian Charter of Rights and Freedoms.
The court found that a warrantless search and a failure to make a return to a justice constituted Charter breaches.
However, the court determined that the search warrant itself was validly issued.
Applying the R. v. Grant factors, the court concluded that the seriousness of the breaches was moderate, the impact on the applicant's privacy interests was limited, and society's interest in adjudicating the case on its merits was strong due to the reliability and importance of the evidence.
Consequently, the admission of the evidence would not bring the administration of justice into disrepute, and the application to exclude the evidence was dismissed.
