In a pre-trial ruling for a first-degree murder trial, the accused applied to exclude security video surveillance recordings obtained by police from the common areas of his apartment building.
The accused argued the warrantless seizure violated his s. 8 Charter rights.
The court dismissed the application, finding the accused had no reasonable expectation of privacy in the common areas of the 246-unit building.
The court further held that even if a breach occurred, the evidence would not be excluded under s. 24(2) of the Charter as the police acted in good faith and the evidence was highly reliable and important to the case.
