The defendant was charged with possession of cocaine and possession of heroin following a warrantless police search of a public washroom stall.
A police officer, responding to a call about a suspicious person, observed the defendant in a bathroom stall and, suspecting drug use, opened the stall door without a warrant.
The defendant was found with drug paraphernalia and subsequently arrested.
The court found that while the defendant had a reasonable expectation of privacy in the washroom stall and the search was unreasonable and violated section 8 of the Charter, the evidence was admissible under section 24(2) after balancing the Grant factors.
The court considered the public health hazard created by drug use in public washrooms and the minimal nature of the police intrusion.
The defendant was found guilty on both charges.
