The accused brought a voir dire application to exclude evidence obtained from a search warrant executed at a motorcycle club clubhouse.
The accused challenged the validity of the telewarrant on multiple grounds, including failure to demonstrate impracticability of personal appearance, lack of full and frank disclosure, misleading statements, and insufficient grounds.
The court found that the Information to Obtain contained materially misleading and inaccurate statements, particularly regarding surveillance activities and complaints history.
The court determined that without the problematic paragraphs, insufficient grounds remained to justify the warrant's issuance.
Under the section 24(2) Charter analysis, the court excluded all evidence seized.
