The accused sought to exclude evidence seized during a search of their cannabis dispensary, Pharma-Cann, arguing the search warrant was invalid due to an inadequate description of the premises and violated their s. 8 Charter rights.
The court found the warrant adequately described the premises as Suite 117, despite it being subdivided into 117A and 117B, because police relied on public information and undercover observations that did not reveal the subdivision.
No s. 8 Charter breach was found.
Alternatively, if a breach occurred, the evidence would not be excluded under s. 24(2) as the police conduct was not serious, deliberate, or in bad faith, and society's interest in adjudication on the merits outweighed the impact on Charter rights.
