The accused challenged the validity of a search warrant executed at their residence on Charter grounds, alleging breaches of sections 8, 7, and 11(d) of the Canadian Charter of Rights and Freedoms.
The Information to Obtain (ITO) was heavily redacted to protect informer privilege.
The court applied the Garofoli step six procedure to determine whether a judicial summary of the redacted portions was sufficient to allow the accused to challenge the warrant.
The court found no Charter breaches and dismissed the application, holding that the ITO contained sufficient reasonable grounds for the search warrant and that the judicial summary adequately protected the accused's right to make full answer and defence while preserving informer privilege.
