A recent Ontario Court of Appeal ruling overturned a man’s drug-trafficking convictions after the court found the evidence used against him was inadmissible because it was obtained through breach of his Charter rights.
In R. v. Szilagyi, police arrested George Szilagyi and searched him and his home based on information obtained from a confidential informant, who had told police that Szilagyi had a firearm. A gun was not found but the police found and seized cocaine, oxycodone, MDMA, cash and a cellphone.
Szilagyi sought an order excluding the illicit items found in his apartment on the basis that his ss. 8 and 9 Charter rights, which protect against unreasonable search and seizure and arbitrary detention and imprisonment, were violated. Szilagyi's defence counsel argued that the informant’s tips were insufficient to justify the search warrant.