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The court found no Charter breach on the initial search or delay to counsel, but held the undercover controlled delivery exceeded the implied licence to knock and breached s. 8.
The Court found it could, pursuant to the rulemaking power under s.482 and the Provincial Court Rules, dispense with the s.490(2) notice requirement where notice would jeopardize an ongoing sealed investigation; on the affidavit evidence that notification would compromise the investigation, the Court authorized an in‑camera ex‑parte hearing, ordered continued detention of the seized items for a period not exceeding one year from seizure subject to specified exceptions, and ordered all supporting materials sealed and stored securely.
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The court declined to summarily dismiss a pre-trial challenge and allowed evidence and full argument on standing and privacy in CCTV footage and fob records.
The court upheld two tracking warrants and a general warrant, finding that the ITOs were sufficient on the totality of the evidence despite some weak paragraphs.
The court held that the redacted ITO did not permit meaningful assessment of Source E and that reasonable grounds were not established, so the general warrant could not stand.
The court set aside a production order for Storage Locker #1108, finding the redacted ITO did not establish reasonable grounds to believe Perkins had committed a drug offence.
The court upheld general, search, tracking, number recorder, and production orders, declined to excise challenged material, and admitted the cocaine evidence.
A bedpan vigil is a search that may be authorized by a s.487.01 general warrant, but a general warrant cannot lawfully authorize detention contrary to s.503; the warrant in this case was defective for failing to account for s.503 and, independently, the manner of execution was unreasonable and violated Charter ss.8, 7 and 9; applying Grant the drug evidence must be excluded and convictions set aside.
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The court held that police violated s. 8 by using casino cameras to read and photograph Blackberry text messages, and ordered those references excised from ITO-P3.
The Supreme Court of Canada held that prospective, daily production of future text messages from TELUS’s storage engaged Part VI and could not be authorized by general warrant.
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