The accused brought a Charter application seeking exclusion of evidence obtained from a judicially authorized search of his iPhone following his arrest for break and enter, firearm, and drug trafficking offences.
He argued the warrant lacked sufficient evidentiary basis and authorized an overly broad search contrary to s. 8 of the Charter.
Applying the Garofoli standard of review, the court examined whether the issuing justice could have granted the authorization based on the information to obtain.
The court held that the ITO provided reasonable grounds to believe the phone would contain evidence related to planning and execution of the offence.
The warrant was appropriately limited to specified categories of data and the application to exclude the evidence was dismissed.
