The applicants applied to exclude evidence under s. 24(2) of the Charter, alleging breaches of their s. 8 and s. 9 rights during an arrest and the execution of a search warrant at a residence.
The Crown conceded the Charter breaches due to a heavily redacted Information to Obtain (ITO) that failed to show reasonable grounds.
Applying the Grant framework, the court found the police conduct regarding the arrest was not at the serious end of the continuum and admitted the evidence found on the first applicant.
However, the court found the no-knock dynamic entry into the second applicant's home with children present was a profound incursion on her privacy rights, outweighing the reliability of the evidence, and excluded the evidence found in the residence.
