The applicant, charged with drug production offences, sought leave to cross-examine the affiant on an information to obtain in advance of a s. 8 Charter challenge to a search warrant.
The court applied the governing test for leave to cross-examine an affiant and held that the moving party must show a reasonable likelihood that the proposed questioning will assist in determining a material issue.
Cross-examination was refused insofar as it would probe confidential informant details that risked identification and would not materially assist given corroboration already obtained.
Leave was granted on a limited basis regarding discrepancies between occurrence reports and the affidavit, and regarding the nature of the roadside vantage point from which the affiant said marijuana plants were observed.
