The applicants sought exclusion of cash and cocaine seized during execution of a search warrant, alleging breaches of s. 8 of the Charter and arguing that the warrant was invalid because the redacted Information to Obtain relied heavily on confidential informer information.
The Crown invoked the Garofoli “Step Six” procedure, providing a judicial summary of redacted material so the reviewing judge could consider the unredacted ITO while preserving informer privilege.
The court held that the Step Six procedure was appropriate because the defence was sufficiently aware of the nature of the excised material to challenge it.
After excising minor inaccuracies and amplifying certain information, the court concluded that the authorizing justice could reasonably have issued the warrant under the Debot framework based on a compelling tip and corroborative police investigation.
Even if the warrant had been invalid, the evidence would have been admitted under s. 24(2) of the Charter given the absence of police misconduct and the importance of the real evidence seized.
