The accused brought a motion to exclude evidence discovered during a warrantless search of his apartment after police detained him under s. 17 of the Mental Health Act following an emailed threat.
While the court held the detention lawful, it found that police had no authority to conduct a warrantless search of the residence once the accused had refused consent and no exigent circumstances existed.
Officers had time to obtain a telewarrant and possessed no information suggesting imminent danger.
Applying the s. 24(2) Charter framework from Grant, the court concluded the breach of the accused’s privacy interest in his dwelling was serious and had a significant impact on his Charter rights.
The marijuana grow-operation evidence was excluded.