M. Edward Graham

The accused brought a Charter motion alleging that police violated s. 8 of the Canadian Charter of Rights and Freedoms by forcibly entering and searching his residence after responding to a disconnected 9‑1‑1 call.

Officers heard yelling and swearing in the background of the call and received conflicting explanations from occupants who refused to open the door for approximately fifteen minutes.

Police ultimately forced entry to verify whether anyone inside required assistance and conducted a limited search of the residence, discovering cannabis plants.

The court held that under the common law duty to protect life and safety, police were justified in entering the dwelling to investigate a potential emergency.

The entry and subsequent protective search were reasonable and did not breach the accused’s Charter rights.

Following convictions for possession of heroin for the purpose of trafficking after a controlled delivery operation, the court imposed penitentiary sentences on two offenders.

The intercepted shipment contained approximately 3.8 kilograms of heroin concealed in fireplace logs.

The court considered mitigating factors including stringent pre‑sentence bail conditions amounting to house arrest, positive pre‑sentence reports, lack of prior criminal records, and cooperation with police.

The court held that wilful blindness to the nature of the drug was not a mitigating factor following appellate authority.

Given the significant quantity of heroin and the offenders’ respective roles, the court imposed substantial penitentiary terms while recognizing the lesser role of one offender.