The accused brought a Charter application under s. 8 and s. 24(2) to exclude evidence seized during the execution of a search warrant at a trailer residence.
The court found the Information to Obtain (ITO) contained sufficient grounds based on informant tips to justify the search of the trailer.
However, the court ruled that the police lacked lawful authority to search a locked shed located behind the trailer, as it fell outside the curtilage of the residence described in the warrant.
Applying the Grant framework, the court concluded that admitting the evidence from the shed would bring the administration of justice into disrepute due to the seriousness of the police conduct in failing to obtain a separate warrant.
The evidence found in the shed was excluded.
