The accused brought an application to quash a search warrant authorizing the search of his residence and vehicle for firearms, and to exclude evidence obtained during the search under s. 24(2) of the Charter.
The police had obtained the warrant after the accused admitted to firing a 9 mm handgun at intruders and stated the gun was in his car.
The court found there was insufficient evidence to justify searching the residence, as the information only connected the offences to the handgun in the vehicle.
The court held the search of the residence violated the accused's s. 8 Charter rights.
Applying the Grant framework, the court concluded the breach was serious and profoundly intrusive, and excluded the evidence found in the residence, including a prohibited rifle, under s. 24(2).
