The accused, charged with second-degree murder and attempted murder, brought a pre-trial application (voir dire) to exclude his statement to the police, arguing that his Charter rights (ss. 7, 8, 9) were breached due to a warrantless entry into a dwelling house for his arrest.
The court found that the police lawfully entered the dwelling based on the occupant's invitation and that the accused was found in plain view.
Consequently, no Charter breach occurred.
Even if a breach had been established, the court determined that admitting the statement would not bring the administration of justice into disrepute under s. 24(2) of the Charter, considering the good faith of the police, the minor nature of any potential breach, and society's interest in adjudicating serious offences on their merits.
The application was dismissed, and the statement was deemed admissible.