The accused applied to exclude evidence obtained during the execution of a search warrant at their residence, alleging the warrant was invalid and the search violated s. 8 of the Canadian Charter of Rights and Freedoms.
They argued the information to obtain relied excessively on confidential informants whose reliability and motivations were insufficiently disclosed, and that the information failed to establish reasonable grounds linking the residence to drug trafficking.
The court reviewed the information to obtain under the Garofoli standard and held that the issuing justice had a sufficient evidentiary basis to authorize the warrant.
Surveillance evidence, corroborated informant information, and covert entries into a related suspect’s residence collectively established reasonable and probable grounds.
The applications to exclude the seized evidence were therefore dismissed.
