The accused brought a Charter application to exclude a hunting rifle seized during execution of a telewarrant for proceeds of crime.
The court found that the Information to Obtain contained misleading statements regarding the existence of strict surveillance, which was critical to establishing reasonable grounds for the warrant.
After excising the misleading information, the remaining record could not support issuance of the warrant.
The police also searched a locked music shed that was not part of the “dwelling house” described in the warrant and entered it by battering ram despite a key being available.
Applying the s. 24(2) framework from Grant, the court held that the combined Charter breaches warranted exclusion of the firearm evidence.
