The accused called 911 after finding his girlfriend unconscious from a drug overdose.
After paramedics took her to the hospital, police remained in the apartment, detained the accused without advising him of his rights, and conducted a warrantless search, discovering firearms and drugs.
The court found multiple egregious Charter breaches, including arbitrary detention (s. 9), failure to provide right to counsel (s. 10), and unlawful search and seizure (s. 8).
The subsequent search warrant was quashed as it relied on tainted evidence.
Applying the Grant framework under s. 24(2), the court excluded the firearms and drugs due to the seriousness of the police misconduct and its impact on the accused's rights.
All charges were dismissed.
