The applicants brought a motion challenging the validity of three general warrants (dated June 30, August 13, and October 8, 2015) authorizing video surveillance and covert entries at 691 Bank Street in Ottawa as part of Project Step, a drug trafficking investigation.
The central issue was whether an Ontario Court of Justice judge had jurisdiction to authorize video surveillance under section 487.01(4) of the Criminal Code, or whether such authorization required a Superior Court of Justice judge.
The court found that the applicants had standing to challenge the warrants based on a reasonable expectation of privacy in the hallway, albeit attenuated.
The court determined that video surveillance warrants must be signed by a Superior Court judge, not an Ontario Court of Justice judge, rendering the June 30 warrant invalid.
However, the court severed the covert entry portion of the June 30 warrant, which remained valid.
The court also quashed the portions of the August 13 and October 8 warrants authorizing entries into unit C, as the information supporting those entries was derived from the unlawful hallway surveillance.
Despite these findings, the court admitted all evidence under section 24(2) of the Charter, finding that exclusion would bring the administration of justice into disrepute given the good faith conduct of police and the attenuated privacy interests involved.
