The accused, charged with second-degree murder, brought several pre-trial applications seeking to exclude his confession to police, set aside search warrants, and exclude GPS cell phone data.
The court found that while the police breached the accused's s. 8 Charter rights by conducting a non-compliant strip search, the breach did not warrant a stay of proceedings or the exclusion of his voluntary confession under s. 24(2).
The court also dismissed the Garofoli application, finding no material omissions in the search warrant informations.
Finally, the court ruled that GPS location data from the accused's phone was admissible without expert testimony, taking judicial notice of the reliability of GPS technology.
