The accused was charged with unlawful cultivation of marihuana and possession for the purpose of trafficking.
Police conducted warrantless perimeter searches of the accused's property, relying on s. 10 of the Narcotic Control Act, and subsequently obtained a search warrant under s. 487 of the Criminal Code.
The trial judge excluded the evidence under s. 24(2) of the Charter, finding the searches violated s. 8, and acquitted the accused.
The Court of Appeal upheld the acquittal.
The Supreme Court of Canada allowed the appeal, holding that s. 10 of the Narcotic Control Act violates s. 8 of the Charter to the extent it authorizes warrantless searches outside exigent circumstances.
However, the Court found the search warrant was validly issued under the Criminal Code and that the evidence should not be excluded under s. 24(2), as the officers acted in good faith and the evidence was real.
