The applicant brought a Garofoli application seeking to exclude evidence obtained from his cell phones, arguing that the search warrant was issued based on an Information to Obtain (ITO) that relied on a search conducted by French police without verifying its legality.
The court found that the ITO contained sufficient credible and reliable evidence, including corroborative information from the French authorities, to establish reasonable and probable grounds for the warrant.
The court held that an affiant is not required to establish foreign law compliance as a precondition for a search warrant in Canada.
The application to exclude evidence under section 8 of the Charter was dismissed.
