Frederick Richard Connolly

The applicant brought a Garofoli application seeking exclusion under s. 24(2) of the Charter of a firearm, ammunition, drugs, and identification seized during execution of a search warrant at his residence.

The court held that, although the redacted ITO alone did not sufficiently link the firearm to the residence, the Step 6 judicial summary of the unredacted material established that the confidential informer information was compelling, credible, and corroborated by police investigation.

Applying the deferential Garofoli review standard, the court concluded the authorizing justice could have issued the warrant.

The applicant failed to establish a breach of s. 8, and the exclusion application was denied.

The appellant appealed his convictions and sentence.

The Court of Appeal found no error in the trial judge's assessment of the complainant's credibility or the use of a conversation with a third party.

The court also held that the sentence was fit, even if the trial judge improperly used the appellant's lack of remorse as an aggravating factor.

The appeals against conviction and sentence were dismissed.

The appellant appealed his conviction for impaired driving, arguing that a marked departure from normal behavior was required to prove the offence.

The Supreme Court of Canada dismissed the appeal, adopting the reasons of the Court of Appeal for Ontario, which held that any degree of impairment is sufficient to prove the offence.