The accused was charged with importing and possessing child pornography after police intercepted a child sex doll and conducted a controlled delivery to his home, followed by the execution of a search warrant.
The accused brought a Charter application alleging multiple s. 8 breaches.
The court found that while the search warrant was validly issued, the police breached s. 8 by conducting the controlled delivery without judicial authorization, as it exceeded the implied license to knock.
Furthermore, the police deliberately disregarded the search warrant's specific instructions to enter through a south-facing basement door, instead entering through the front door, conducting a safety search of the entire multi-unit home, and searching the garage.
Applying the Grant framework under s. 24(2), the court excluded the evidence, emphasizing the need to dissociate from the police's deliberate disregard for the limits of their search warrant authority.
