P. Tsui

The applicant brought a Charter application to exclude evidence seized during a search of his residence, arguing violations of his s. 8 and s. 10(b) rights.

The police obtained a search warrant based on information from a confidential informant, which the applicant challenged through a 'step six' Garofoli application.

The court found the Information to Obtain (ITO) lacked sufficient grounds, as the informant's tip was minimally compelling and uncorroborated, and failed to establish currency for the presence of drugs.

Additionally, the police violated the applicant's s. 10(b) rights by delaying his access to counsel and failing to hold off questioning.

Applying the Grant framework under s. 24(2), the court concluded the Charter breaches were serious and had a significant impact on the applicant's privacy and right to counsel.

Consequently, the firearms and drugs seized, along with the applicant's statements, were excluded from evidence.

Four members of the Five Point Generals street gang were convicted of various offences including trafficking in cocaine and marihuana for the benefit of a criminal organization, conspiracy to traffic, and firearms offences.

The court considered the application of the Kienapple rule and found it did not preclude multiple convictions for the conspiracy and substantive trafficking offences.

The court sentenced the offenders to total terms ranging from 5.5 to 9 years imprisonment, after accounting for pre-sentence custody and the principle of totality.