The applicants sought exclusion of marijuana plants seized during execution of a search warrant, arguing the information to obtain (ITO) lacked sufficient grounds and violated s. 8 of the Charter.
The warrant relied primarily on an anonymous Crimestoppers tip alleging marijuana cultivation, corroborated by limited police investigation including database checks, surveillance, and confirmation of background details.
The court held that, considering the totality of the circumstances, the tip contained sufficient detail and the police investigation provided adequate corroboration to establish credibly based probability for issuance of the warrant.
The search and seizure were therefore lawful.
In the alternative, the court held that even if a breach occurred, the evidence would be admissible under s. 24(2) of the Charter.
