This decision addresses multiple pre-trial motions in a large-scale drug trafficking prosecution, focusing on Charter violations related to search and seizure (s.8) and the right to counsel (s.10), as well as the voluntariness of an utterance.
The court found the initial warrantless search for cocaine unconstitutional and excluded the evidence.
The initial search warrant for the Warwick premises was quashed, but other evidence seized under it was admitted.
Covert camera evidence was admitted despite an unlawful installation, but references to it were excised from subsequent Informations to Obtain (ITOs).
Tracking warrants and general warrants for other properties were largely upheld after excising unconstitutionally obtained information.
An accused's utterance was found voluntary and admitted, despite a s.10 Charter violation, as the impact on Charter rights was deemed slight and exclusion would not bring the administration of justice into disrepute.