Kenrick Abbott

The accused brought a pre-trial application alleging violations of his rights under ss. 8 and 9 of the Charter, seeking to exclude drug evidence.

The police had entered a residence without a warrant after arresting the primary tenant outside, fearing the accused would destroy evidence inside.

The court dismissed the s. 8 claim regarding the search of the residence without a hearing, as the accused failed to establish a privacy interest.

The court further held that exigent circumstances justified the warrantless entry under s. 11(7) of the CDSA, and that the police had reasonable and probable grounds to arrest the accused after observing him attempting to flush drugs down a toilet.

The application was dismissed.

The accused, charged with robbery, brought applications for a stay of proceedings due to unreasonable delay under s. 11(b) of the Charter.

The total delay from the date of arrest to the anticipated end of trial was 25 months.

The court attributed significant portions of the delay to the Crown, including late disclosure of a 9-1-1 audio recording and failure to expedite scheduling.

Finding that the delay was unreasonable and that the accused suffered real prejudice from restrictive bail conditions, the court granted the applications and stayed the charges.