The accused, charged with ammunition and drug offences, brought a Charter s. 8 application to exclude evidence obtained during a search of a basement apartment.
They argued the police unlawfully entered the apartment prior to obtaining a warrant under the pretense of retrieving baby supplies, and that the Information to Obtain (ITO) contained misleading grounds for a night time search.
The court found that while the warrantless entry to retrieve baby items did not meet the threshold for exigent circumstances, excising the observations made during that entry left sufficient grounds to issue the warrant.
The court also held that the night time search was reasonable and less intrusive given the circumstances.
The application was dismissed.
