The accused, charged with drug offences, brought a pre-trial Charter application seeking to exclude drugs seized from his person and residence, as well as his inculpatory statements.
He argued that the warrantless search of his home violated s. 8, his consent was coerced by the unlawful detention of his daughter (s. 9), and his statements were involuntary.
The court found the arrest and search incident to arrest were lawful.
The court also held the daughter's detention was based on reasonable grounds and the accused's consent to search his home was voluntary and informed.
The application was dismissed and the evidence admitted.
