The defendant brought a Garofoli motion to exclude evidence obtained pursuant to the execution of a search warrant at his mother's residence, alleging a violation of section 8 of the Charter of Rights and Freedoms.
The defendant challenged both his standing to bring the motion and the sufficiency of grounds in the Information to Obtain the warrant.
The court found that the defendant had a reasonable expectation of privacy in the residence and therefore had standing.
The court also found that while the Information contained some deficiencies in disclosure, there was sufficient reliable evidence to support the issuance of the warrant.
Even if the warrant was issued without reasonable and probable grounds, the court would have admitted the evidence under section 24(2) of the Charter, as the administration of justice would not be brought into disrepute.
