G. D. McKinnon

The police received an anonymous tip about marijuana cultivation at the appellants' home.

After a fruitless perimeter check, officers knocked on the door, smelled marijuana when it was opened, and arrested the appellants.

They secured the premises, obtained a search warrant based partly on the smell, and seized marijuana plants.

The Supreme Court of Canada held that approaching a home to secure evidence exceeds the implied licence to knock and constitutes a search under s. 8 of the Charter.

The warrantless 'sniff' search was unreasonable, rendering the subsequent warrant invalid.

However, the Court admitted the evidence under s. 24(2), reasoning that it was non-conscriptive real evidence, the police acted in good faith, and exclusion would bring the administration of justice into disrepute.

The appellant pleaded guilty to sexual assault and was declared a dangerous offender based partly on pre-trial psychiatric assessments.

He appealed, arguing that the admission of the psychiatric evidence violated his rights against self-incrimination under s. 7 of the Charter and his right to counsel under s. 10(b).

The Supreme Court of Canada dismissed the appeal, holding that dangerous offender proceedings are part of the sentencing process where the offender's guilt has already been established, and therefore the use of the psychiatric evidence did not violate the principle against self-incrimination.

The Court also found no violation of the right to counsel.