Police investigating cocaine trafficking entered and secured the accused's home without a warrant while awaiting issuance of a search warrant, in order to prevent destruction or removal of evidence after public arrests nearby.
The majority held the warrantless entry breached s. 8 of the Charter, but concluded under s. 24(2) that the cocaine and marked money should not be excluded because the evidence was real evidence, trial fairness was unaffected, exigent circumstances mitigated the seriousness of the breach, and the evidence was vital to prosecution of serious drug offences.
A concurring judge would have found no s. 8 breach because exigent circumstances justified entry, while the dissent would have excluded the evidence as the product of a serious, police-created Charter breach.
Appeal dismissed.
