The accused brought a Charter application seeking exclusion of evidence seized under a search warrant for computers and storage devices allegedly containing child pornography.
He argued the information to obtain the warrant lacked full, frank, and fair disclosure, that the warrant lacked reasonable and probable grounds, and that the search was overly broad.
The court found that certain information in the information to obtain should be excised or amplified, including surveillance obtained through an unlawful entry onto private property and references to prior charges that had not resulted in conviction.
However, even after excision and amplification, sufficient grounds remained to support the issuance of the warrant.
Applying the section 24(2) framework, the court held the Charter breaches were not sufficiently serious to justify excluding the evidence.
