The accused, charged with drug trafficking offences, brought a Charter s. 8 application alleging that police officers staged a break-in at his residence and made an anonymous call to trigger a warrantless entry, leading to the discovery of drugs and cash.
The defence relied on voice identification evidence to argue that the lead investigator made the anonymous call.
The court evaluated expert voice comparison evidence, the status of the ongoing police investigation, and the officers' whereabouts.
The court concluded on a balance of probabilities that the police did not stage the break-in or make the anonymous call, and that the warrantless entry by responding officers was justified.
The application was dismissed.
