Paula Locke

The appellants were convicted of offences arising from a jewellery store robbery.

Police obtained a 'tower dump' warrant for cell phone records near the store without reasonable grounds, violating s. 8 of the Charter.

Using this unconstitutionally obtained information, police secured subscriber warrants and residential search warrants.

The trial judge excluded the tower dump records but admitted the subscriber and residential evidence under s. 24(2) of the Charter, reasoning that the subscriber records could have been lawfully obtained via a telephone records order under s. 492.2(2) of the Criminal Code.

The Court of Appeal upheld the admission of the evidence and dismissed the appeals.

The appellant appealed his conviction for trafficking in heroin and sought leave to appeal his six-year sentence.

He argued the trial judge provided inadequate reasons for rejecting defence evidence, shifted the burden of proof, and applied a lenient standard to Crown evidence.

The Court of Appeal dismissed the conviction appeal, finding the trial judge's reasons and treatment of evidence were proper.

Leave to appeal the sentence was granted, but the appeal was dismissed as the sentence fell within the acceptable range given the aggravating circumstances.