The police conducted a warrantless perimeter search of the appellant's residence based on suspicion of marijuana cultivation.
During the search, they detected the odour of marijuana and heard electrical humming, which provided the grounds to obtain a search warrant.
The Supreme Court of Canada held that the warrantless perimeter search was a trespass and violated the appellant's rights under section 8 of the Charter.
The Court further held that the evidence obtained from the subsequent warranted search must be excluded under section 24(2) of the Charter, as the police conduct was a flagrant violation of constitutional rights and its admission would bring the administration of justice into disrepute.
