The applicant brought a motion to exclude evidence obtained from a search warrant executed at a residence, arguing the Information to Obtain (ITO) was deficient and violated section 8 of the Charter.
The applicant contended there were insufficient grounds to establish the credibility and reliability of the confidential informant, inadequate corroboration, and material omissions in the ITO.
The court upheld the validity of the warrant, finding the confidential informant had a history of providing reliable information, the information was sufficiently corroborated through police investigation and surveillance, and the firearm information was compelling and recent enough to justify the warrant.
While the court found the omission regarding withdrawn charges was problematic, it determined this did not invalidate the warrant as there was compelling evidence independent of this omission.
The application was dismissed.