The accused, Anthony McCalla, sought to exclude evidence obtained during his arrest and apartment search, alleging breaches of ss. 8, 9, and 10(a) of the Charter.
The court found that police had reasonable grounds for arrest and that the search warrants were validly issued.
While the initial warrantless entry to secure the apartment was justified by exigent circumstances, the police's subsequent five-hour occupation of the apartment while awaiting the warrant constituted a breach of the accused's s. 8 Charter rights.
However, the court found no breach of s. 9 (arbitrary detention) or s. 10(a) (right to be promptly informed of reasons for arrest).
Applying the Grant factors under s. 24(2) of the Charter, the court determined that admitting the evidence, despite the s. 8 breach, would not bring the administration of justice into disrepute, given the good faith of the officers, the reliability of the evidence, and its importance to the Crown's case.
The application to exclude evidence was dismissed.
