The applicants brought a motion under s. 8 of the Charter challenging the installation of police video surveillance cameras in the hallways of their condominium buildings.
The police had installed some cameras with the consent of condominium management prior to obtaining a general warrant, and failed to disclose these prior installations when applying for the warrant.
The court held that the warrantless installation based on management's consent did not violate s. 8, as there is a diminished expectation of privacy in condominium hallways.
While the failure to disclose the prior installations breached the duty of full, fair and frank disclosure, the court found the omission was not material to the issuance of the warrant.
The motion was dismissed.
