M. Mazursky

The accused, facing charges including possession of a loaded handgun and fentanyl for trafficking, brought an application for disclosure of occurrence reports related to two residences and three individuals (Cassandra Puskas, Sean Collins, and Tyrone Lothian).

The Crown opposed the request, arguing it was a fishing expedition, untimely, or required a different disclosure application type.

The court largely granted the accused's disclosure application, finding the information relevant for potential witness credibility or an alternate suspect defence, and that it fell under the Crown's first-party disclosure obligations as "obviously relevant" information.

The defendant, Mr. Edwards, applied for leave to cross-examine affiants and challenged a search warrant under s. 8 of the Charter, arguing a reasonable expectation of privacy in the searched residence.

The court considered factors for establishing a privacy interest, including presence, control, ownership, historical use, and ability to regulate access.

While the defendant relied on the Crown's theory, the court found that the objective evidentiary basis did not support a reasonable expectation of privacy, concluding that the defendant was merely a temporary house guest.

Consequently, Mr. Edwards lacked standing to challenge the warrant, and his application was dismissed.