The applicant, charged with cocaine trafficking offences, brought a Garofoli application seeking to quash search warrants for two residences and exclude the seized evidence under s. 24(2) of the Charter.
The court found sufficient grounds for the warrant at the applicant's current residence, but insufficient grounds for his former residence due to stale information, resulting in a s. 8 Charter breach.
Applying the Grant framework, the court concluded the s. 8 breach was at the less serious end of the spectrum and the reliable evidence was crucial to the prosecution of serious offences, thus admitting the evidence and dismissing the application.
