The accused was charged with possession of child pornography contrary to section 163.1(4) of the Criminal Code and unlawful possession of marijuana contrary to the Controlled Drugs and Substances Act.
The Crown admitted that Detective MacKillop's warrantless search of the accused's computer and thumb drive breached section 8 Charter rights.
The court found multiple Charter breaches including the warrantless search of electronic devices, the search of two additional devices not authorized by warrant, and a section 10(b) breach when the accused was questioned about computer ownership without being informed of the child pornography investigation or his right to counsel.
The court excluded the child pornography evidence under section 24(2) of the Charter, finding that admission would bring the administration of justice into disrepute due to the pattern of police carelessness and disregard for Charter rights, notwithstanding the seriousness of the offence.
