Law360 Canada ( October 11, 2018, 8:55 AM EDT) -- Appeal by the accused, Szilagyi, from a conviction for multiple drug-related offences. Acting on the basis of a tip from a confidential informant, police obtained and executed a search warrant at the accused's residence for the purpose of finding an unlicensed firearm and ammunition. Instead, police seized drugs, cash and a cellphone. The accused was arrested outside of his home for possession of a firearm and ammunition. An incidental search yielded a second cell phone. An authorized search of the phones yielded text messages police contended were related to drug trafficking. The accused sought exclusion of the evidence based on breaches of his ss. 8 and 9 Charter rights. The trial judge found that the search of the residence, and the arrest and incidental search of the accused were unlawful. The ITO did not support issuance of the warrant. There were no reasonable and probable grounds to believe the accused was carrying a gun. However, the trial judge declined to exclude the evidence pursuant to s. 24(2) of the Charter based on a balancing of the Grant factors. The accused appealed the resultant convictions....