The accused, who held federal licences to cultivate marijuana, was charged with drug trafficking offences following a nine-month police investigation sparked by a confidential informant.
Police executed search warrants at the accused's home and licensed grow operation, seizing cannabis, controlled substances, and other evidence.
The accused brought a Charter s. 8 application to exclude the evidence, arguing the Information to Obtain (ITO) lacked reasonable and probable grounds to search those locations.
The court dismissed the application, finding the ITO established a credibly-based probability that evidence would be found at the locations based on surveillance, garbage pulls, and financial tracking.
The court further held that even if a breach occurred, the evidence would not be excluded under s. 24(2) of the Charter.