The accused applied under ss. 8 and 24(2) of the Charter to exclude blood evidence discovered during the execution of a general warrant authorizing police to search a residence for blood evidence related to an alleged assault.
During the search, investigators located bloodstain and blood spatter evidence in multiple areas of the home, which was later determined to belong to a missing person rather than the alleged assault victim.
The accused argued the police exceeded the scope of the warrant and should have stopped the search and obtained further judicial authorization once the evidence appeared unrelated to the assault investigation.
The court held that the forensic investigator reasonably believed the blood evidence could still relate to the reported assault and was entitled to continue the investigation within the warrant’s scope.
No breach of s. 8 of the Charter was established, and in any event the evidence would not have been excluded under s. 24(2).
