The accused brought a Charter application under s. 24(2) seeking exclusion of a firearm and oxycontin seized during execution of a telewarrant search of his hotel room.
The court found the information to obtain the warrant contained misleading statements and omissions, including falsely attributing the accused’s room number to a confidential informant, mischaracterizing surveillance as corroborating criminal activity, and failing to disclose innocent surveillance results.
After excising the misleading information and amplifying the record, the court held the remaining material did not establish reasonable and probable grounds for the warrant.
The search was therefore unreasonable and violated s. 8 of the Charter.
Applying the Grant framework, the court concluded that the police conduct was deliberate and egregious, the intrusion into the accused’s residence was significant, and admission of the evidence would bring the administration of justice into disrepute.
