The accused was charged with possession of over 2 kilograms of fentanyl for the purpose of trafficking after calling 911 to report a drug overdose.
Police entered the accused's apartment without a warrant under exigent circumstances to search for other potential overdose victims and discovered the fentanyl in plain view.
The accused brought a Charter application alleging breaches of his ss. 7, 8, 9, 10(a), and 10(b) rights, including allegations of unlawful detention, unlawful search, and police theft of cash.
The court found technical breaches of ss. 8, 10(a), and 10(b) but declined to exclude the evidence under s. 24(2) or stay the proceedings under s. 24(1).
At trial, the court rejected the accused's testimony as not credible and found him guilty of possession of fentanyl for the purpose of trafficking.
