The accused was charged with possession of fentanyl and methamphetamine for the purpose of trafficking and breaching a release order.
The police executed a search warrant at a multi-unit rooming house, arresting the accused immediately upon entry and subsequently finding drugs.
The accused brought a Charter application alleging breaches of ss. 8, 9, and 10(b).
The court found the search warrant facially invalid as it authorized a search of the entire building without sufficient grounds, breaching s. 8.
The court also found breaches of s. 9 due to an unarticulated basis for the immediate arrest, and s. 10(b) due to an unjustified delay in providing access to counsel.
Applying the Grant framework, the court excluded the evidence under s. 24(2), resulting in acquittals on all charges.
