Robert A. Sigurdson

The appellant was convicted of possession of cocaine for the purpose of trafficking after police executed a search warrant at his residence using an unannounced 'dynamic entry' by a tactical team.

The appellant argued the search violated his s. 8 Charter rights because the police used excessive force, failed to knock and announce, and did not have the warrant on their person upon entry.

The Supreme Court of Canada dismissed the appeal, holding that the police had reasonable grounds to depart from the knock and announce principle due to concerns about officer safety and the destruction of evidence.

The Court also found that s. 29(1) of the Criminal Code was satisfied because the lead investigator, who arrived shortly after the tactical team, had the warrant in his possession.

The accused was charged with importing cocaine.

Shortly before trial, the Crown disclosed evidence from two alleged accomplices.

The trial judge excluded the evidence under s. 24(1) of the Charter due to late disclosure.

The Court of Appeal set aside the acquittal and ordered a new trial.

The Supreme Court of Canada dismissed the appeal, holding that exclusion of evidence under s. 24(1) is only appropriate where late disclosure renders the trial process unfair and cannot be remedied by an adjournment and disclosure order, or where exclusion is necessary to maintain the integrity of the justice system.