Accused charged with possession of various controlled drugs for the purpose of trafficking. Police searched accused’s residence with a warrant. Search warrant challenge.
Held: No. s. 8 breach.
Although the Information in Support relied in part upon a confidential informant of unproven reliability, the police relied more particularly upon detailed surveillance evidence. “I find that the ITO disclosed a credibility-based probability, that might reasonably be believed, on the basis of which the search warrant could have issued.” The surveillance evidence established grounds to believe that the accused had been seen by police to engage in street level trafficking within days of the warrant being granted.
P. Moreau – Defence Counsel