The accused was charged with drug trafficking offences under the Controlled Drugs and Substances Act arising from the execution of a search warrant at his residence.
The accused brought a Garofoli application challenging the validity of the search warrant, alleging that the information to obtain (ITO) was deficient in reasonable grounds and violated his Charter s. 8 rights against unreasonable search and seizure.
The court granted leave to cross-examine the affiant and found that multiple passages in the ITO were materially misleading, including misrepresentations regarding outstanding charges, the alleged discarding of heroin upon arrest, and the inference that the accused walked to the drug transaction from his home.
After excising these passages, the court found that no reasonable grounds remained to support the issuance of the warrant.
The evidence was excluded pursuant to s. 24(2) of the Charter, and the accused ultimately pleaded guilty to a lesser charge.
