The applicant, charged with firearms and domestic violence offences, brought a Charter motion alleging breaches of his s. 8 and s. 10(b) rights during the police investigation and his subsequent arrest.
He argued that police unlawfully tracked his cell phone, viewed his apartment building's video surveillance, conducted a warrantless 'clear and hold' of his apartment, and delayed implementing his right to counsel.
The court dismissed the s. 8 claims, finding no reasonable expectation of privacy in the ping data or common area surveillance, and that exigent circumstances justified the warrantless entry.
The court found a minor s. 10(b) breach regarding a failure to re-read rights for an additional drug charge, but declined to stay proceedings or exclude evidence under s. 24.