The accused was charged with three offences related to child pornography: possession, accessing, and making available.
The Crown sought to admit evidence obtained from searches of hard drives seized from the accused's residence.
The accused brought a Charter application seeking to exclude evidence obtained in breach of section 8 rights.
The court found that the initial search was conducted in breach of section 8 rights following the Supreme Court's decision in R v Spencer, which established that Law Enforcement Requests to internet service providers for subscriber information require prior judicial authorization.
The court also found that a second search conducted after the Spencer decision was unconstitutional.
The court excluded all evidence obtained from both searches, finding that admission would bring the administration of justice into disrepute due to the egregious nature of the state conduct and the cumulative effect of the Charter breaches.
