The accused was charged with voyeurism under section 162(1)(a) of the Criminal Code for allegedly recording guests in an Airbnb unit using a hidden camera in a clock radio.
The defence brought a Charter application challenging the police conduct.
The court found that police breached the accused's section 8 Charter rights by entering the apartment without a warrant, seizing the clock-camera without lawful authority, and searching the device without a warrant.
Although the subsequent search warrant was found to be valid, the court excluded all evidence obtained through the Charter breaches under section 24(2), finding that admission would bring the administration of justice into disrepute due to the cumulative pattern of police misconduct and the serious impact on the accused's privacy rights in his dwelling.
