The accused, charged with producing and possessing marijuana for the purpose of trafficking, applied to exclude evidence obtained from a general warrant and a subsequent CDSA warrant, alleging a breach of his s. 8 Charter rights.
The accused argued the police lacked reasonable grounds for the general warrant and misled the issuing judge.
The court found the investigating officer had reasonable grounds based on a confidential informant's tip corroborated by hydro records and police investigation, and acted in good faith.
The court concluded there was no s. 8 Charter breach and, alternatively, that the evidence would not be excluded under s. 24(2).
The application was dismissed.
