The applicant, Abdullahi Hashi, brought a Garofoli application challenging the validity of a search warrant.
The application raised three main issues: a facial attack on the warrant's description of a storage locker, a s. 7 Charter claim regarding lost video security footage, and a sub-facial s. 8 Charter claim arguing a lack of reasonable and probable grounds based on the 'three Cs' for confidential informers.
The court dismissed the application, finding the warrant's description adequate, the loss of video footage not due to unacceptable negligence and not prejudicial to the defence, and that the Information to Obtain provided sufficient credible and reliable evidence for the warrant to issue.
