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Evidence excluded after court finds police officer fabricated key surveillance observation.
The accused applied under s. 8 and s. 24(2) of the Charter to exclude drugs, cash, ammunition, and a taser seized following the execution of search warrants and a warrantless search of his person.
The defence challenged the validity of the warrants, alleging deficiencies in the Information to Obtain and reliance on fabricated police evidence.
The court found that a key surveillance officer fabricated observations of a purported hand‑to‑hand drug transaction that had been relied upon to corroborate confidential informant information.
After excising misleading and unsupported information from the warrant materials, the court concluded the remaining evidence failed to establish reasonable and probable grounds under the Debot framework.
The warrants were therefore invalid, the searches unlawful, and the evidence excluded under s. 24(2) due to serious and deliberate police misconduct.
