Garey Harris, charged with drug trafficking and firearm offences, brought an application under sections 8 and 24(2) of the Charter to exclude evidence obtained through police search and seizure.

The court found Harris had a reasonable expectation of privacy in his condominium unit but not in the common areas or in video images of another person.

The court determined there were reasonable grounds for Harris's arrest and exigent circumstances justified the initial warrantless entry to secure the unit.

However, police remaining in the unit for approximately seven hours pending the issuance of a search warrant constituted a breach of Harris's Charter right to be free from unreasonable search.

Despite this breach and material omissions in the Information to Obtain a warrant, the court found the warrant was valid as it could have been issued even with full disclosure.

Applying the R. v. Grant framework, the court concluded that the Charter breach was not egregious, no evidence was obtained as a result of the breach, and the evidence was highly reliable and vital to the serious charges.

Therefore, admitting the evidence would not bring the administration of justice into disrepute, and the application to exclude the evidence was denied.