This ruling addresses an application by Devante Moores to exclude evidence seized following the execution of a search warrant and his arrest, alleging breaches of his Charter rights under sections 8 (unreasonable search and seizure) and 9 (arbitrary detention).
The applicant challenged the validity of the search warrant, arguing the judicial summary of redacted information was insufficient, and the lawfulness of his arrest.
The court clarified the onus of proof, stating the Crown bears the onus for warrantless searches incident to arrest, while the applicant bears the onus for challenging a presumptively valid search warrant.
The court found the judicial summary sufficient and determined that police surveillance, combined with information from a reliable confidential source, provided reasonable grounds for the search warrant.
Furthermore, the court concluded that the arresting officer had subjective and objective reasonable and probable grounds for the arrest for possession for the purpose of trafficking, making the subsequent search incident to arrest lawful.
Consequently, the applications to exclude the seized evidence were dismissed.