The defendant, Benjamin Boucher, brought an application to exclude evidence seized during a search of his home and outbuildings, arguing that the search warrants lacked reasonable grounds and violated his s. 8 Charter rights.
Police had found cocaine, trafficking indicators, and a prohibited weapon.
The court found that the information to obtain the warrant for Boucher's residence was insufficient, particularly when compared to the strong grounds for a co-accused's warrant, leading to a s. 8 Charter breach.
The observations leading to the outbuilding warrant were deemed tainted by the invalid house warrant.
Applying the s. 24(2) Charter analysis, the court determined the breach was serious, the impact on Boucher's privacy substantial (as it was his home), and that the public interest in a trial on the merits did not outweigh these factors.
Consequently, the evidence seized from the home and garage was excluded, resulting in no evidence upon which to argue conviction for the drug charges.
Boucher was placed on a peace bond for the prohibited weapon.