Mark Jacula

The accused applied under sections 8 and 24(2) of the Charter to exclude evidence obtained during the execution of search warrants at two apartment units.

The warrants were based on an Information to Obtain (ITO) relying heavily on confidential informants, resulting in significant redactions in the disclosure provided to the accused.

Following a Garofoli step six procedure, the court reviewed the unredacted ITO, ordered certain excisions, and determined that the judicial summary provided to the accused was sufficient.

The court found the confidential informants' information compelling and credible, compensating for weaknesses in corroboration.

The court also dismissed allegations of impermissible judge-shopping by the police.

The application to exclude evidence was dismissed.

The offender was convicted of possession of cocaine and marijuana for the purpose of trafficking, and possession of a loaded restricted firearm.

He absconded prior to sentencing.

The court sentenced him in absentia to a global term of 7 years imprisonment.

The court awarded 23 months of pre-sentence custody credit, including time spent in custody on subsequent charges, finding that custody was attributable to the initial charges.

A request for credit for strict bail conditions was denied due to a lack of evidence and the offender's absconding.