The applicants, Michael Atta and Delroy Hyatt, jointly charged with drug trafficking, sought standing to challenge a search warrant executed on a residence and vehicle.
They relied on the Crown's allegations to establish a reasonable expectation of privacy.
The court applied the Edwards criteria, considering their presence, control, historical use, and ability to regulate access.
Despite meeting some criteria, the court found that their occupation of the residence was not consensual but rather obtained through exploitation of the tenant's addiction.
Therefore, they lacked an objectively reasonable expectation of privacy in the apartment or the vehicle.
Their applications for standing were dismissed.
