The accused brought a Charter application to exclude evidence seized during the execution of search warrants on three apartments and a motor vehicle.
The accused challenged the admissibility of evidence under sections 8, 9, 10(b), and 24(2) of the Canadian Charter of Rights and Freedoms.
The court found that the accused's section 9 rights were not violated as police had reasonable and probable grounds to arrest.
However, the court found violations of section 8 rights because the Information to Obtain, as amplified on review, failed to disclose reasonable and probable grounds to believe evidence would be found at the target apartment.
The court also found a violation of section 10(b) rights due to an unjustified delay in providing access to counsel.
The court excluded the evidence under section 24(2), finding that admission would bring the administration of justice into disrepute.
