The applicant brought a Charter application seeking to exclude evidence obtained as a result of alleged violations of his rights under sections 8 and 9 of the Canadian Charter of Rights and Freedoms.
The applicant was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime.
The Crown conceded that the applicant's section 9 Charter rights were violated when he was arrested and detained while driving a vehicle.
The applicant challenged the validity of the search warrant on the basis that the Information to Obtain was misleading and insufficiently corroborated the confidential informant's information.
The court found that while the police acted in good faith, the ITO contained insufficient detail regarding surveillance and failed to establish reasonable and probable grounds.
The court excluded the evidence under section 24(2) of the Charter, finding that admission would bring the administration of justice into disrepute.
