This Charter application, brought on behalf of an unrepresented accused, challenged the lawfulness of a warrantless police entry into the accused's residence to effect an arrest and the subsequent admissibility of evidence.
The court found that exigent circumstances, including the presence of firearms, the accused's agitated state, and the impracticality of waiting for a warrant in a remote location, justified the warrantless entry.
Consequently, the initial entry and the subsequent search incident to arrest were deemed lawful, and the application to exclude evidence under s. 24(2) of the Charter was dismissed.
