In a criminal trial arising from a voyeurism investigation and multiple firearms charges, the accused brought a Charter application challenging a warrantless entry into his home and seizure of firearms, ammunition, and related items.
The court held that the police had grounds to seek a warrant, but failed to establish that, by reason of a real public safety danger, it was impracticable to obtain one under s. 117.04(2) of the Criminal Code.
The asserted risk of break-in and misuse of the firearms was found to be speculative, and alternative scene-security measures were available while a telewarrant or conventional warrant was sought.
Applying the Grant framework, the court found a s. 8 breach and excluded the evidence under s. 24(2).
