Kevin Hunter

The accused brought a Garofoli application challenging the validity of a telewarrant used to search his residence for controlled substances.

The defence sought disclosure relating to a confidential informant, cross‑examination of the affiant, and exclusion of evidence seized during the search.

The court reviewed both redacted and unredacted versions of the Information to Obtain and considered whether the informant’s information was credible, compelling, and corroborated.

Although the court found the informant’s credibility to be poor and criticized the incomplete disclosure of the informant’s criminal record in the ITO, the information was sufficiently detailed and corroborated by police investigation to establish reasonable grounds.

The court concluded that the telewarrant was properly issued and the seized evidence was admissible.

The accused pleaded guilty to possession of a loaded firearm without authorization under s. 95(1) of the Criminal Code and possession of cocaine for the purpose of trafficking under s. 5(2) of the Controlled Drugs and Substances Act.

The court considered aggravating factors including the accused’s criminal record, involvement in commercial drug trafficking, and the dangerous combination of drugs and a loaded firearm in a public setting.

Mitigating factors included a guilty plea, family support, parental responsibilities, and a gap in the criminal record.

The court also considered conditions of pre‑sentence custody and the loss of parole eligibility when determining credit.

A sentence of four years’ imprisonment was imposed for the firearm offence with eight months concurrent for the drug offence, along with enhanced credit of 1.5:1 for pre‑sentence custody.