The accused were charged with offences under sections 86(3), 88(2), and 91(3) of the Criminal Code.
The trial commenced with an application challenging the validity of a search warrant obtained by Ottawa Police on February 4, 2011, to search the residence at 24 Robinson Avenue.
The applicant argued the warrant was obtained without reasonable and probable grounds, that the affidavit contained misleading statements, and that the statutory preconditions for a telewarrant were not met.
The court found that the telewarrant was invalid due to lack of urgency and impracticability, that the information from confidential informants was insufficiently reliable and detailed, and that the affidavit contained careless and misleading drafting.
The court determined the search constituted an unreasonable search and seizure in breach of section 8 of the Canadian Charter of Rights and Freedoms.
Under section 24(2), the court excluded the physical evidence seized, finding that admission would bring the administration of justice into disrepute given the serious nature of the police conduct and the significant intrusion into the accused's private residence.
