The applicants, charged with drug trafficking offences, brought a pre-trial motion challenging the validity of three judicial authorizations: a tracking warrant and two general warrants permitting covert entry.
They sought to excise information from the Informations to Obtain (ITOs), argued the affiant failed to provide full, frank, and fair disclosure, and claimed the general warrants improperly circumvented the requirements of a CDSA search warrant.
The court dismissed the application, finding no basis to excise information, that the affiant properly exercised his discretion, and that the general warrants were appropriate for the multiple covert entries sought.
The warrants were validly issued, and no s. 8 Charter breach occurred.