The accused brought a pre‑trial application seeking to quash a search warrant issued under the Controlled Drugs and Substances Act and to exclude evidence seized during the execution of the warrant pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms.
The court held that the warrant authorizing the search of the residence was valid because the information from confidential informants, corroborated by police investigation, provided sufficient grounds for the justice of the peace to issue the warrant.
However, the warrant did not authorize the search of a motor vehicle located in the driveway, and the search of that vehicle constituted a warrantless search contrary to s. 8 of the Charter.
Applying the framework in R. v. Grant, the court concluded that the police acted in good faith and that the evidence, including a loaded handgun discovered in the vehicle, was highly probative.
The seized evidence was therefore admitted and the application to exclude the evidence was dismissed.
