The defendant was charged with producing marijuana and possessing marijuana for the purpose of trafficking.
He brought a Charter application seeking a stay of proceedings or exclusion of evidence, alleging violations of sections 8 and 9 of the Charter.
The defendant challenged the validity of search warrants executed at his residence and two industrial units, his arrest, and warrantless searches of his person and vehicle.
The court found that the search warrants were validly issued based on reliable information from a confidential informer that was corroborated through police investigation.
The arrest was lawful and the seizure of keys from the defendant's person was a valid search incident to arrest.
The court dismissed the Charter application but excluded evidence seized from the residence under section 24(2) due to the seriousness of police carelessness in drafting the Information to Obtain and the significant impact on the defendant's privacy rights in his home.
Evidence from the industrial units and the keys were admitted.