J. Tekenos-Levy

The applicants, charged with drug and firearm offences, brought a Charter motion alleging their s. 8 rights were violated by a search of a residence based on a warrant obtained using confidential informant information.

The court found that the redacted Information to Obtain (ITO) lacked sufficient credibility regarding the informants, resulting in a s. 8 breach.

However, applying the Grant framework, the court declined to exclude the seized evidence (fentanyl, cocaine, and a firearm) under s. 24(2), emphasizing society's strong interest in adjudicating serious offences on their merits.

The accused, a professional truck driver, was charged with four counts of criminal negligence causing death and three counts of criminal negligence causing bodily harm following a multi-vehicle collision on Highway 401.

The accused's tractor-trailer, travelling at 100 km/h on cruise control, failed to slow down for a line of stop-and-go traffic, striking a car and causing a chain reaction.

The court found that the accused was distracted, likely reaching down for an extended period, and failed to perceive or react to the obvious hazard ahead.

The court concluded that the accused's conduct was a marked and substantial departure from the standard of a reasonably prudent driver, demonstrating a wanton and reckless disregard for the lives and safety of others.

The accused was found guilty on all counts.