Mary Elizabeth Cremer

The applicant was stopped for a traffic violation and arrested based on erroneous CPIC information indicating he was breaching a curfew condition.

A subsequent search of his vehicle incident to arrest revealed a loaded handgun and oxycodone.

The Crown conceded breaches of the applicant's s. 8 and s. 9 Charter rights due to the unlawful arrest and search.

Applying the Grant framework under s. 24(2) of the Charter, the court found that while the police records management errors were serious, the evidence was highly reliable and discoverable by lawful means.

The court concluded that society's interest in adjudicating the serious firearms charges on their merits outweighed the impact of the breaches, and admitted the evidence.

The appellant appealed his conviction, arguing the trial judge erred in reviewing the search warrant.

The Court of Appeal dismissed the appeal, finding the trial judge applied the correct test and reasonably concluded the authorizing justice could have issued the warrant.