The accused brought a facial challenge under s. 8 of the Charter to a search warrant that led to the discovery of a loaded firearm in her bedroom closet.
She argued the warrant could not have issued because the information in the ITO, derived from a single intercepted call 47 days prior, was stale-dated.
The court dismissed the application, finding that the passage of 47 days did not render the information stale given the nature of the item and the context of the intercepted call.
The court concluded there were reasonable grounds to believe the firearm would still be found at the residence.
