The accused submits that on the totality of the evidence there is no evidence of a crime being committed. He submits there must also be evidence of a crime being committed in his residence and there is nothing supporting that either. He relies on para. 39 of Morelli: Under the Charter, before a search can be conducted, the police must provide "reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that there is evidence to be found at the place of the search" (Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, at p. 168). These distinct and cumulative requirements together form part of the "minimum standard consistent with s. 8 of the Charter for authorizing search and seizure" (p. 168.).
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