The applicants sought to exclude firearms and drug-related evidence, arguing that initial warrantless searches of their residence and subsequent searches conducted under warrants violated their section 8 Charter rights.
The court found that the broad "clearing search" of the entire residence, and a second search of a bedroom for firearms, were unreasonable.
It also determined that the subsequently issued search warrants were invalid because they relied on unlawfully obtained information and failed to meet *Lavallee* guidelines for law office searches.
Consequently, the court granted the applications, excluding all challenged evidence under section 24(2) of the Charter due to the seriousness of the Charter breaches and their significant impact on the applicants' privacy interests, which outweighed the public interest in adjudication on the merits.
