The accused was charged with possession of methamphetamine and cocaine for the purpose of trafficking following a police search of her apartment.
She argued the search violated s. 8 of the Charter because the search warrants failed to properly describe the premises and were issued without reasonable and probable grounds.
The court found the warrants were invalid due to an inadequate and misleading description of the targeted premises in a multi‑unit mixed residential and commercial building.
Police continued searching after realizing they had entered the wrong unit and remained in the residence while obtaining a second warrant, conduct the court characterized as reckless and later approaching flagrant disregard of Charter rights.
Applying the s. 24(2) analysis from Grant, the court held that the seriousness of the Charter breaches and the profound intrusion into the accused’s home outweighed society’s interest in adjudication on the merits.
The seized drugs were excluded from evidence.
