The defendants were charged with six counts each under the Ontario Society for the Prevention of Cruelty to Animals Act for failure to provide necessary animal care, adequate medical attention, food and water, and permitting animals to be in distress.
Before trial, the defence brought a motion to exclude evidence pursuant to section 24(2) of the Canadian Charter of Rights and Freedoms, arguing that two search warrants violated their section 8 Charter rights against unreasonable search and seizure.
The court found the first warrant unlawful due to deficiencies in the Information to Obtain, including an inadequate anonymous tip, lack of informant credibility assessment, and insufficient corroborative investigation.
However, the court found the second warrant lawful.
Applying the Grant test, the court admitted all evidence from both warrants, finding that exclusion would undermine the truth-seeking function of the justice system in a case involving serious animal welfare concerns.
