L. Dafoe

The applicants sought to exclude firearms and drug-related evidence, arguing that initial warrantless searches of their residence and subsequent searches conducted under warrants violated their section 8 Charter rights.

The court found that the broad "clearing search" of the entire residence, and a second search of a bedroom for firearms, were unreasonable.

It also determined that the subsequently issued search warrants were invalid because they relied on unlawfully obtained information and failed to meet *Lavallee* guidelines for law office searches.

Consequently, the court granted the applications, excluding all challenged evidence under section 24(2) of the Charter due to the seriousness of the Charter breaches and their significant impact on the applicants' privacy interests, which outweighed the public interest in adjudication on the merits.

The offender, Taran Hibma, was found guilty of criminal negligence causing death after inserting lit sparklers into a sleeping cabin, causing a fire that killed Genesis Young, 17.

The court considered principles of sentencing, including denunciation, general deterrence, and rehabilitation, particularly given the offender's youth and substance abuse issues.

Despite arguments for a conditional sentence, the court determined that a custodial sentence was necessary to adequately address denunciation and general deterrence, while also considering rehabilitation.

Hibma was sentenced to 18 months in custody followed by 18 months of probation with conditions aimed at addressing his substance abuse.