Hedieh Kashani

The appellant appealed his firearms convictions, arguing the trial judge erred in denying him leave to cross-examine the affiant of a search warrant during a Garofoli application.

The police had conducted warrantless surveillance in the underground garage of the appellant's condominium to corroborate confidential informant tips, but omitted key details about this surveillance from the Information to Obtain (ITO).

The Court of Appeal held that the appellant had a reasonable expectation of privacy in the garage and the information obtained, and that the trial judge erred in denying leave to cross-examine the affiant on the surveillance and the omissions in the ITO.

The appeal was allowed, the convictions were quashed, and a new trial was ordered.

The accused was charged with firearms offences after police executed a search warrant at his residence and found a loaded prohibited handgun and extended magazines on his bed.

The accused testified that he had left his friends in his bedroom and slept in the basement, denying knowledge of the firearms.

The court rejected the accused's evidence as lacking credibility and found that the circumstantial evidence overwhelmingly established his knowledge and constructive possession of the items.

The accused was found guilty on all counts.