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.