In a criminal proceeding, the defence sought exclusion under section 24(2) of Charter evidence obtained through production orders for credit-card and phone records.
After Garofoli-related excisions and limited amplification, the court held the information to obtain did not support the TD Visa production order and found a section 8 breach for those records.
Applying R. v. Grant, the court found good-faith state conduct and a moderate informational-privacy impact, while emphasizing the reliability and trial importance of the records.
Balancing the Grant factors, the court declined to exclude the Visa records.
The defence exclusion application was dismissed, subject to the broader global section 24(2) ruling.
