The accused brought a Charter motion to exclude evidence, including a loaded restricted firearm, found during a police investigation at an apartment building.
The police attended the building after receiving an anonymous tip about a gun.
The court found that the police breached the accused's section 8, 9, and 10(b) rights during his initial detention and search, and breached his section 8 rights by entering his apartment without a warrant.
However, the court held that neither accused had a reasonable expectation of privacy in the common hallway where the firearm was discovered inside a plant cylinder.
The court also upheld the validity of a subsequent search warrant for the apartment.
As a result, the firearm and evidence found during the warranted search were ruled admissible.
