The accused, charged with first degree murder, brought a pre-trial application to exclude DNA evidence obtained under a warrant.
The defence argued the Information to Obtain (ITO) relied on unlawfully obtained information, specifically banking records from a US bank and a cast-off DNA sample seized by US Homeland Security Investigations.
The court found the banking information was obtained unlawfully and the extraction of the DNA profile from the cast-off sample potentially violated s. 8 of the Charter.
While bound to excise this information from the ITO, rendering the warrant invalid, the court ultimately admitted the DNA evidence under s. 24(2) of the Charter, finding its admission would not bring the administration of justice into disrepute.