The accused, George Katsoulis, brought applications at the outset of his trial to cross-examine the deponent of an Information to Obtain (ITO), reveal redacted portions of the ITO (Garofoli application), exclude evidence obtained from searches under sections 8 and 24(2) of the Charter, and appoint amicus curiae.
The applications stemmed from a search warrant obtained based on an anonymous Crime Stoppers tip and subsequent police surveillance for drug trafficking.
The court declined to order cross-examination, refused to appoint amicus curiae, and upheld the search warrant, finding that the ITO provided a sufficient basis for reasonable and probable grounds, despite minor discrepancies and the anonymous nature of the initial tip.
The court emphasized a holistic and contextual assessment of the ITO.
