John Bothwell

The accused brought a pre-trial Charter application alleging breaches of ss. 8 and 9, arguing that police lacked reasonable grounds for his arrest and that the Information to Obtain (ITO) for search warrants was insufficient.

The investigation began with a weak tip from a confidential informant, which led to police surveillance revealing a pattern of short, secretive interactions indicative of mobile drug trafficking.

The court found that the totality of the circumstances, particularly the surveillance evidence, provided objectively reasonable grounds for the arrest.

After excising one misleading statement from the ITO, the court concluded the remaining information was sufficient to justify the search warrants, dismissing the application.

The accused brought a pre-trial application challenging the validity of a search warrant executed at his residence, which resulted in the seizure of cocaine.

The accused argued that the Information to Obtain (ITO) contained material non-disclosure and misrepresentations, specifically regarding a 'hand-to-hand transaction' and a non-existent criminal record.

The court found that the ITO was deficient and that, after excising the misleading information, there were insufficient grounds to issue the warrant.

The court concluded that the search violated s. 8 of the Charter and excluded the evidence under s. 24(2), finding that its admission would bring the administration of justice into disrepute.