The appellant was convicted of multiple counts of possession for the purpose of trafficking and possession of proceeds of crime after police discovered drugs and cash following an anonymous call reporting a break-in at his residence.
The appellant sought to exclude the evidence, alleging that police had staged the break-in and made the anonymous call in breach of his Charter rights.
The pre-trial judge dismissed the application, finding the appellant had not met the burden of proving the illegality of the warrantless entry.
The Court of Appeal allowed the appeal on two grounds: (1) the trial judge erred in finding he lacked authority to permit the defence to record testimony with a high-quality microphone for voice identification analysis; and (2) the trial judge erred in placing the burden of proof on the appellant rather than the Crown to justify the warrantless entry.
