The applicant was charged with seven firearm-related offences and brought a motion to exclude evidence seized during the execution of a search warrant on a residence.
The applicant argued that the information to obtain (ITO) for the search warrant lacked sufficient grounds, contained inaccurate statements and improper generalizations, and that the affiant was not truthful about independently confirming information regarding the confidential informer's reliability.
The court applied the narrow Garofoli review standard and found that despite deficiencies in the ITO, there remained a sufficient basis on which the issuing justice could have issued the warrant.
The application was dismissed.
