The applicants, charged with possession for the purpose of trafficking, brought a motion to exclude evidence seized during the execution of a search warrant at a residence and a warrantless search of a vehicle.
The court found that the Information to Obtain (ITO) the search warrant relied on a confidential informant tip that was insufficiently corroborated and contained misleading statements by the affiant.
Concluding that the warrant was improperly issued and the subsequent arrests and warrantless searches were unlawful, the court held that the applicants' section 8 Charter rights were violated.
Applying the Grant framework under section 24(2) of the Charter, the court excluded all seized evidence, citing the seriousness of the Charter-infringing state conduct.
