The Crown appealed an acquittal entered by the trial judge.
The trial judge found that the search warrant was based on information obtained from a prior unreasonable search, rendering the subsequent search warrantless and in violation of section 8 of the Charter.
The trial judge excluded the evidence under section 24(2) of the Charter, emphasizing the seriousness of the breach.
The Court of Appeal found no error in the trial judge's analysis and dismissed the appeal.