Sabrina Morcos

The applicant sought to exclude evidence obtained from his cell phone, arguing the search warrant lacked reasonable and probable grounds and the Information to Obtain (ITO) contained misleading information.

The court found that the ITO contained significant errors and omissions, which were not minor or made in good faith, and that without the excised information, the ITO did not establish reasonable and probable grounds for the search of the applicant's cell phone.

Applying the Grant factors, the court determined that the serious nature of the Charter breach and the high expectation of privacy in cell phone data outweighed society's interest in the admission of the evidence, leading to its exclusion.

Shekh Insanally pleaded guilty to possession of child pornography and making it available.

Police discovered approximately 2500 child pornography files on his computer, which were accessible via peer-to-peer software.

The court considered aggravating factors, including the large collection and young victims, and mitigating factors such as no prior criminal record, a guilty plea, health issues, and caregiver responsibilities.

The Crown sought a three-year sentence, while the defence sought a conditional sentence.

The court found a conditional sentence inappropriate given the nature of the offence and the absence of exceptional circumstances.

Balancing the factors, including the mitigating effect of the guilty plea and the offender's health, the court imposed a sentence of two years less a day imprisonment, concurrent on both counts, along with a DNA order, a 20-year Sex Offender Information Registration Act (SOIRA) order, and a 10-year s. 161 Criminal Code prohibition order.