Lance Beechner

The accused, charged with drug trafficking and conspiracy to commit murder, brought an application to exclude evidence seized during multiple warrantless searches.

The court found the warrantless entry at 10 York Street was justified by exigent circumstances to prevent a planned shooting.

The warrantless entry at 88 Harbour Street and the seizure of a vehicle breached section 8 of the Charter, but the evidence was admitted under section 24(2).

However, the search of a bedroom at 15 Danum Road involved egregious Charter breaches, including a violation of the right to counsel and an invalid consent, leading the court to exclude the drugs and cash found there.

During his criminal trial for a firearms offence, the accused refused to answer a question during cross-examination about the identity of a person who gave him a satchel, citing fears for his safety.

The Crown brought a motion to hold him in contempt of court.

The Superior Court of Justice dismissed the motion, finding that the Crown failed to prove beyond a reasonable doubt that the accused had the requisite intent to seriously interfere with the administration of justice.

The court also noted that the accused should have been afforded the opportunity to consult counsel before being required to answer.