The accused was charged with unlawfully producing cannabis contrary to section 7(1) of the Controlled Drugs and Substances Act.
The Crown executed a search warrant at the accused's residence and discovered a marijuana grow operation with over 1,000 plants.
The accused challenged the validity of the search warrant, arguing that the Information to Obtain (ITO) lacked reasonable grounds and breached his Charter section 8 rights against unreasonable search and seizure.
The court conducted a detailed review of the ITO, examining allegations of material omissions, misleading information, and deficiencies raised by the defence.
The court found that while the ITO contained minor omissions and could have included more detail, the affiant was not acting in bad faith and the core substance of the ITO provided sufficient grounds for the justice of the peace to issue the warrant.
The application was dismissed and the evidence was admitted.