The applicants, facing multiple drug and firearms charges, brought a pre-trial motion alleging various Charter violations during their arrest and the subsequent searches of a vehicle and a residential unit.
The court dismissed the claims regarding arbitrary arrest, search incident to arrest, strip search, and right to counsel, finding the police had reasonable grounds and acted lawfully.
However, the court found that the Information to Obtain (ITO) the search warrant for the residential unit contained materially misleading and inaccurate information.
After excising the misleading details, the court concluded there were insufficient grounds to issue the warrant, resulting in a section 8 Charter breach.
Applying the Grant framework, the court excluded the firearms and drugs found in the unit under section 24(2), citing the seriousness of the police negligence in drafting the ITO.
