(1) A person may give, in evidence in an exempt proceeding, information obtained by accessing stored communications obtained in contravention of subsection 108(1) if:
(a) the access was purportedly under a stored communications warrant; and
(b) the court in which, or the tribunal, body, authority or person before which, the proceeding is held is satisfied that:
(i) but for an irregularity, the access would not have constituted a contravention of subsection 108(1); and
(ii) the irregularity is not a substantial defect or irregularity; and
(iii) in all the circumstances, the irregularity should be disregarded.
(2) A reference in subsection (1) to an irregularity is a reference to a defect or irregularity:
(a) in, or in connection with the issue of, a document purporting to be a warrant; or
(b) in connection with the execution of a warrant, or the purported execution of a document purporting to be a warrant.