The accused were charged with various offences after police and a child protection worker conducted a warrantless search of their basement dwelling and garage.
The worker entered the home to conduct a child protection inspection, and the police assisted to ensure safety.
The court found that the worker lacked statutory or common law authority to conduct a warrantless home inspection, and the police entry was therefore also unlawful.
The search violated the accused's section 8 Charter rights.
The subsequent search warrant, based on observations from the unlawful entry, was also invalid.
Applying the Grant test, the court excluded the evidence under section 24(2) of the Charter due to the egregious nature of the worker's conduct and the significant impact on the accused's privacy interests.
Both accused were acquitted.
