The accused brought a pre-trial Charter application alleging that police unlawfully entered his residence without a warrant after responding to an animal complaint involving aggressive dogs.
The court held that warrantless searches are prima facie unreasonable, but found the police had a reasonable basis to believe exigent circumstances existed and that entry was necessary to check for persons in distress or ongoing danger inside the home.
The initial entry was characterized as a welfare check rather than a drug search, and the subsequent search was conducted under a tele-warrant.
The application was dismissed and no s. 24(2) analysis was required.
