Case information

Charter of Rights — Criminal law — Search and seizure — Evidence — Admissibility — Search Warrant — Review of decision to issue search warrant — What standard of review applies when a court of appeal reviews a judge’s findings in relation to a search warrant on an amplified Garofoli record — ss. 8, 24(2) of the Charter of Rights and Freedoms.

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 police investigated a series of residential break and enters, which yielded DNA and other evidence. The applicant was charged with the following twelve offences: five residential break and enters at different addresses in the Regional Municipality of York (counts 1 5); theft of a motor vehicle (count 6); prowling by night (count 8); possession of break and enter tools (count 9); wearing a mask with intent to commit theft (count 10); and possession of proceeds of crime (counts 7, 11, and 12). At trial, the applicant applied for an order to quash two search warrants, and exclude evidence seized pursuant to those warrants. The two search warrants included one to search his residence (“the home warrant”), and the other to secure a DNA sample (“the DNA warrant”). The applicant submitted that they were obtained in breach of his s. 8 rights under the Charter, and he sought to exclude the evidence obtained pursuant to s. 24(2) of the Charter. The trial judge found the warrants were unlawful, and contrary to s. 8 of the Charter. The trial judge quashed both the home and DNA warrants, and excluded the evidence obtained therefrom. The applicant was acquitted of all charges. The Court of Appeal allowed the appeal, and ordered a new trial on counts one, four, five, and ten.