The defendant was charged with accessing, possessing, and making available child pornography.
The defence sought to exclude evidence (computer data and statements) due to alleged Charter violations (ss. 9, 10(a), 10(b)).
The court found a violation of s. 10(b) regarding the defendant's statements, both at his home and the police station, and excluded them under s. 24(2) of the Charter, finding their admission would bring the administration of justice into disrepute.
However, the court found no causal or contextual connection between the Charter breach and the discovery of child pornography on the computer, as the computer was found and searched independently.
The compelling admissible evidence from the computer was sufficient to prove guilt beyond a reasonable doubt.
The defendant was found guilty.