The applicant, charged with drug offences, brought a Charter application to exclude evidence seized from his condominium unit.
Prior to obtaining a search warrant, police officers entered the common areas and storage locker area of the applicant's condominium building without permission to gather information.
The court found that the applicant had a reasonable expectation of privacy in the common areas and storage units, and that the warrantless police entry constituted an unreasonable search under s. 8 of the Charter.
Applying the Grant framework under s. 24(2), the court concluded that the police acted in bad faith by ignoring the Trespass to Property Act, and that admitting the evidence would bring the administration of justice into disrepute.
The evidence was excluded.
