The appellant, a leader of the Galloway Boyz gang, appealed his convictions for attempted murder and firearms offences arising from a drive-by shooting in April 2004.
The Crown conceded that warrantless wiretap evidence obtained under section 184.4 of the Criminal Code breached the appellant's section 8 Charter rights.
The sole issue was whether the intercepted communications should be excluded under section 24(2) of the Charter.
The motion judge admitted the evidence, finding that exclusion would bring the administration of justice into disrepute.
The Court of Appeal conducted a fresh section 24(2) analysis under the Grant framework and upheld the admission of the evidence, dismissing the appeal.
