The defendant, Heather Vanessa Leith, challenged the validity of a search warrant issued under the Controlled Drugs and Substances Act, asserting a violation of her s. 8 Charter rights due to insufficient reasonable and probable grounds in the Information to Obtain (ITO).
She sought a declaration of a Charter breach and exclusion of evidence under s. 24(2).
The court reviewed the ITO, including confidential informant information, and found that the issuing justice had a reasonable and objective basis to issue the warrant.
Consequently, the s. 8 Charter rights were not violated, and the application to exclude evidence was dismissed.
