The defendants brought an application challenging the facial validity of a search warrant authorizing the search of a residence in Niagara Falls, arguing a violation of their section 8 Charter rights.
The Information to Obtain (ITO) relied on confidential informant tips and police surveillance to establish reasonable grounds to believe the targets were trafficking cocaine.
However, the ITO failed to establish a sufficient nexus between the alleged drug trafficking and the targeted residence.
The court found the warrant facially invalid.
Applying the section 24(2) Charter analysis, the court concluded that the police conduct was careless and the impact on the defendants' privacy rights was severe, outweighing society's interest in adjudicating the case on its merits.
The application was granted and the evidence obtained from the search was excluded.
