Case information

Charter of Rights and Freedoms — Right to life, liberty and security of the person — Search and seizure — Criminal law — Search warrants — Whether the Court of Appeal erred in finding that the “step six” procedure, as originally set out in this Court’s decision of R. v. Garofoli1, is constitutional and does not violate s. 7 of the Charter — Whether there are issues public importance raised — Charter of Rights and Freedoms, ss. 7 and 8.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The Toronto Police Service received a tip from a CI that the CI had recently purchased drugs from the applicant, Mr. Gero, at his apartment. A search warrant was executed. During a search of the applicant’s apartment, the police found packaging materials, two digital scales, an electrical grinder covered in drug residue, a drug press, cocaine, Oxycocet pills, and cash. The applicant challenged the validity of the search warrant pursuant to ss. 7 and 8 of the Charter. Both of the lower courts held that the step six procedure does not breach s. 7 or s. 8 of the Charter. The applicant was convicted of two counts of possession of a controlled substance for the purpose of trafficking and one count of possession of the proceeds of crime. The applicant’s appeal was dismissed.