The appellant appealed his conviction, arguing that the search warrant should be quashed because the information to obtain it included irrelevant and improper references to the facts underlying his prior murder acquittal.
The Court of Appeal held that while the references were improper, their inclusion was not so flagrant as to amount to an abuse of the search warrant process.
After excising the impugned references, there remained an ample basis for granting the warrant, and no breach of section 8 of the Charter was found.
