The applicant, charged with firearms offences, brought a Charter application challenging the search of his residence, the seizure of his cell phone, and the search of text messages on a co-accused's phone.
The court found the search warrant for the residence was overly broad and lacked reasonable grounds, violating s. 8.
The seizure of the applicant's phone was also unauthorized.
Evidence from the residence and the applicant's phone was excluded under s. 24(2).
However, the court held the applicant had no reasonable expectation of privacy in text messages sent to the co-accused's phone, dismissing that part of the application for lack of standing.
