The appellant appealed his convictions for possession of stolen property, arguing that the search warrants executed at his premises violated s. 8 of the Charter and that he was arbitrarily detained contrary to s. 9.
The Court of Appeal upheld the trial judge's findings that the night search was justified, the police did not mislead the Justice of the Peace, and the items seized beyond the warrant were validly seized under the plain view doctrine.
The appeal was dismissed.