The applicants brought a preliminary motion in advance of a Garofoli application seeking excision of all references to a vehicle stop and resulting seizures that had previously been found to violate Charter rights.
The impugned events were relied upon in affidavits supporting Part VI wiretap authorizations, a production order for subscriber records, and search warrants for cellular phone contents.
The Crown argued that the applicants lacked standing to seek excision of evidence obtained in violation of third parties’ Charter rights.
The court held that where illegally obtained evidence forms part of the grounds for authorizations affecting the applicants’ privacy interests, the applicants are entitled to challenge the legality of that evidence and seek its removal from the supporting materials.
All references to the unlawful vehicle stop, arrests, and seizures were ordered excised from the affidavits and informations to obtain.
