This decision addresses a Charter challenge to the validity of a search warrant issued under section 487 of the Criminal Code, focusing on whether the affiant met the duty of full, fair, and frank disclosure in the Information to Obtain (ITO).
The court analyzed material omissions and misstatements in the ITO, including failure to disclose surveillance results, geographic origins of IP addresses, and pending production order results.
The affiant’s conduct was scrutinized for good faith, with the court finding that while there was no deliberate intent to mislead, the cumulative omissions undermined the integrity of the warrant process.
The warrant was ultimately quashed, and evidence excluded under section 24(2) of the Charter to preserve the justice system’s integrity.
