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Application to exclude evidence dismissed; search warrant valid and s. 24(2) favoured admission.
The applicant, charged with drug trafficking and firearms offences, applied to exclude evidence seized from his basement residence pursuant to a search warrant, alleging breaches of ss. 8 and 9 of the Charter.
He argued the Information to Obtain (ITO) relied on uncorroborated confidential informant tips and contained misleading statements.
The court excised certain overstatements from the ITO but found the remaining information, including corroborated tips and police surveillance, established reasonable and probable grounds for the search.
The court further held that even if a Charter breach occurred, the evidence would not be excluded under s. 24(2) as the police acted in good faith and the societal interest in adjudicating serious drug and firearms charges favoured admission.
The application was dismissed.
A tenant's appeal was quashed because the disputed rental amount was a question of fact.
The appellant appealed an order of the Landlord and Tenant Board, arguing an error of law regarding the quantum of rent.
The respondent moved to quash the appeal, asserting the Board member made findings of fact, not law, which are not reviewable on appeal.
The court, applying principles distinguishing questions of law from fact, determined that the Board's decision on the agreed rental amount was a factual finding.
Consequently, the appeal was quashed for lack of jurisdiction as it did not raise an extricable question of law.
