This decision concerns a s. 24(2) Charter application to exclude evidence (a firearm) obtained following an invalid search warrant and unconstitutional police entry.
The court applied the three-factor test from R. v. Grant, finding the police conduct (gross negligence in preparing the Information to Obtain, misleading statements, lack of investigation, and warrantless entry) to be extremely serious.
While the impact on the accused's privacy interest was moderate (as he was not a resident), the seriousness of the police misconduct outweighed society's interest in adjudicating the case on its merits.
The court concluded that admitting the evidence would bring the administration of justice into disrepute, and therefore excluded the firearm against all accused.
