Law360 Canada ( October 26, 2026, 9:41 AM EDT) -- Appeal by the Crown from acquittals following the invocation of residual discretion. The respondent brought a Garofoli application challenging two search warrants. He pointed to what he said were numerous omissions in the Information to Obtain (ITO). The trial judge focused in on only three that he considered material. The trial judge found that the affiant had not sought to deliberately mislead the issuing justice. Rather, the omissions were the product of negligence and inexperience. The trial judge concluded that the warrants still could have issued. However, instead of dismissing the application, the trial judge went on to consider the residual discretion. He found a s. 8 Canadian Charter of Rights and Freedoms (Charter) breach based on the residual discretion, excluded the evidence and acquittals followed. The Crown argued that the residual discretion was available only in those rare cases where the affiant intentionally took steps to subvert the prior authorization process. The respondent argued that existing jurisprudence did not draw a bright-line rule that only deliberate conduct would suffice for purposes of the residual discretion....