The United States sought the extradition of the applicant for child pornography offences.
The applicant brought a Charter application to exclude evidence seized during a search of his residence by Canadian police.
The court found that the search warrant was invalid as the information to obtain lacked reasonable grounds to believe evidence would be found at the new address.
Furthermore, the manner of the search was highly unreasonable, involving an unnecessary dynamic entry with flash grenades, gratuitous damage to the home, and the arbitrary detention and mistreatment of the occupants, including the applicant.
The court concluded that the police conduct flagrantly breached sections 8, 9, and 10(b) of the Charter.
Applying the Grant framework, the court excluded all evidence seized during the search under section 24(2) of the Charter.
