The applicant, Ramone Campbell, sought to exclude evidence in his trial for robbery and sexual assault, alleging violations of his Charter rights under sections 8 (unreasonable search and seizure) and 10(b) (right to counsel).
The court found that police violated the applicant's reasonable expectation of privacy by obtaining cellphone subscriber information and pinging data without judicial authorization or exigent circumstances, and further violated his right to counsel by delaying the advisement and questioning him before he had the opportunity to consult counsel.
These violations led to an invalid search warrant for his room.
Applying the Grant factors under s. 24(2) of the Charter, the court determined that the serious and deliberate nature of the police misconduct, coupled with the significant impact on the applicant's privacy and right to counsel, outweighed society's interest in the adjudication of the case on its merits.
Consequently, the court granted the application, excluding clothing, a cellphone, and an imitation firearm found in the applicant's room.
