Trial on charges of possession of drugs for the purpose of trafficking. Search of accused’s residence. Challenge to the search warrant.
Held: No s. 8 breach.
“The test is whether there was reliable evidence that might reasonably be believed on the basis of which the authorization could have issued”: Araujo  2 SCR 992. The most compelling information contained in the ITO was police surveillance information. On more than one occasion, police observed the accused to engage in street level drug transactions. “The court is entitled to draw commonsense and reasonable inferences from what is set out in the ITO” (Clow, 2012 ABQB 656). Based on all of the information, it was reasonable to concluded that drugs would be found inside of the residence searched.
P. Moreau – Defence Counsel