The appellants were convicted of possession of heroin and marihuana for the purpose of trafficking after drugs were found during a warrantless search of a family-visit trailer at Collins Bay Penitentiary.
They appealed, arguing the search violated their s. 8 Charter rights, the proceedings were unreasonably delayed, and lost videotape evidence impaired their defence.
The Court of Appeal dismissed the appeals, finding that the family-visit trailer constituted a 'cell' under the Corrections and Conditional Release Act, making the warrantless search lawful.
The court also rejected the delay and lost evidence arguments, and upheld the sentence imposed on the appellant husband.
