The appellant challenged his conviction for possession of narcotics for the purpose of trafficking on the basis that drugs were discovered during a warrantless search of his girlfriend's apartment.
The Court held that a claim under s. 8 of the Charter requires the accused to establish a personal reasonable expectation of privacy, assessed on the totality of the circumstances.
On the facts, the appellant was merely an occasional visitor, contributed nothing to household expenses, lacked authority to regulate access, and had denied ownership of the seized drugs in the courts below.
Because no personal privacy interest of the appellant was infringed, he could not invoke s. 24(2) to exclude the evidence.
The appeal was dismissed.
