The accused, charged with two counts of first-degree murder, brought multiple Charter applications seeking the exclusion of evidence.
He alleged violations of his s. 10(b) right to counsel regarding initial utterances to police, his s. 9 right against arbitrary detention regarding his arrest for one of the murders, and his s. 8 right against unreasonable search and seizure regarding the forensic re-testing of a seized knife and freezer, as well as the use of a general warrant to obtain Google data.
The court dismissed all applications, finding no Charter breaches.
The court held the accused was not detained prior to his arrest, the police had reasonable and probable grounds for the arrest, no residual privacy interest remained in the lawfully seized physical items, and the general warrant was appropriately issued.