The applicant, charged with manslaughter, brought an application to exclude his clothing from evidence, arguing it was seized from his father's apartment during a warrantless search in violation of his s. 8 Charter rights.
The court found the applicant had a reasonable expectation of privacy in his father's home based on his familial and cultural background.
The court held the search was unreasonable as there were no exigent circumstances and the father did not provide valid, informed consent.
Applying the Grant framework, the court excluded the evidence under s. 24(2), emphasizing the seriousness of the police conduct in entering a dwelling without a warrant and the negative impact on the Indigenous community's trust in police.
