The applicant, charged with fraud related to an alleged RRSP stripping scheme, brought a Charter application under ss. 8 and 24(2) to exclude evidence seized from various financial institutions and his residence.
He argued the affiant made intentional misrepresentations and omissions in the Informations to Obtain (ITOs).
The court conducted a Garofoli review and found that, despite some minor errors and one misrepresentation regarding a CRA auditor's opinion, there remained sufficient evidence upon which the issuing justices could have granted the authorizations.
The court also found the applicant had a negligible expectation of privacy in the bank and business records.
The application was dismissed, and the court noted that even if a breach had occurred, the evidence would be admissible under s. 24(2).
