Justice Susan J. Woodley

The applicants, charged with drug trafficking offences, brought a pre-trial motion challenging the validity of three judicial authorizations: a tracking warrant and two general warrants permitting covert entry.

They sought to excise information from the Informations to Obtain (ITOs), argued the affiant failed to provide full, frank, and fair disclosure, and claimed the general warrants improperly circumvented the requirements of a CDSA search warrant.

The court dismissed the application, finding no basis to excise information, that the affiant properly exercised his discretion, and that the general warrants were appropriate for the multiple covert entries sought.

The warrants were validly issued, and no s. 8 Charter breach occurred.

The applicant grandmother brought an urgent motion for the return of her grandchild after the respondent biological father withheld the child following the death of the child's mother.

The child had resided with the applicant since 2012 when both parents were arrested on drug charges.

The court found the matter urgent due to the withholding of the child.

Applying the best interests of the child test under the Children's Law Reform Act, the court determined that the status quo should be maintained.

The applicant was granted temporary primary residence and decision-making authority pending the respondent's criminal trial, with weekend access granted to the respondent.