The accused was charged with possession of a restricted firearm, ammunition, and heroin for the purpose of trafficking after police executed a search warrant at his apartment based on information from a confidential informer.
The accused challenged the validity of the search warrant under s. 8 of the Charter, arguing the redacted Information to Obtain lacked reasonable and probable grounds.
The court dismissed the Charter application, finding the warrant validly issued and holding that the evidence would not have been excluded under s. 24(2) regardless.
On the substantive charges, the court found the accused had knowledge and control of the lockbox containing the firearm and drugs, and convicted him of those offences.
The court also found the accused guilty of simple possession of a small amount of heroin found in the police cruiser after his arrest.
