The accused, charged with possession of drugs for the purpose of trafficking, challenged the validity of search warrants executed at their residences under section 8 of the Charter.
The warrants were based heavily on information from two confidential informants, which was substantially redacted in the Information to Obtain (ITO) to protect informer privilege.
Applying the Garofoli Step 6 procedure and the Debot inquiries, the court found that the redacted ITO, even with Crown summaries, lacked sufficient reliable and compelling evidence to establish reasonable and probable grounds.
The police surveillance failed to meaningfully corroborate the informants' tips regarding the presence of drugs at the target address.
Consequently, the court ruled the warrants invalid and the subsequent searches and arrests unlawful.
