Il doit exister un lien factuel entre la résidence du suspect et les opérations de trafic de substances, et, surtout, de la preuve qui en découle. Cependant, le lien entre l’activité criminelle et le lieu à perquisitionner n’a pas à être établi au moyen d’une preuve directe

R. v. Shedden, 2022 ONCA 25

Lien vers la décision

[10]      The record in this case amply sustains the conclusion that the search warrant was validly granted with respect to the residence. It was not required, in order to obtain the search warrant, that the presence of drugs in the residence be established to a certainty. It was only required that there be reasonable grounds to believe that drugs would be found. The available information provided those grounds based on reasonable inferences that could be drawn from the observed conduct of the appellant. That conduct included what the police believed were 14 drug transactions committed over three days during which the appellant made at least nine visits to the residence. It was an entirely reasonable inference to be drawn, from those facts, that the appellant was using the residence as his “stash” house. The reasonableness of that inference is not avoided, or precluded, by adding the knowledge that the appellant’s mother resided in the residence.