The accused sought to exclude evidence obtained from a warrantless search of a vehicle and a subsequent residential search warrant, alleging violations of s. 8 of the Charter.
The court found that police had reasonable and probable grounds to arrest for possession for the purpose of trafficking based on surveillance, corroborated confidential informant information, and observed conduct consistent with drug transactions.
The vehicle search was held to be lawful as a search incident to arrest under common law principles.
The accused’s Garafoli challenge to the residential search warrant failed, as the Information to Obtain contained sufficient indicia of informant reliability and a nexus between the accused, suspected trafficking activity, and the residence.
The court dismissed the Charter application and admitted the impugned evidence.
