The accused brought a Charter application alleging a breach of section 8 rights (unreasonable search and seizure) arising from a police officer's entry into a detached garage to locate the accused following a report of an impaired driver leaving a bar.
The officer opened an unlocked garage door and briefly entered to order the accused out.
The court found no breach of section 8 rights, determining that the search was reasonable given the circumstances, including the minimal intrusion, the detached nature of the garage, the accused's apparent attempt to evade police, and the reduced expectation of privacy in the garage.
The court also found that even if a breach had occurred, evidence would not be excluded under section 24(2) of the Charter.
