The applicant, K.H., brought an application under section 24(2) of the Canadian Charter of Rights and Freedoms to exclude all evidence seized at his residence and three statements made to the Ontario Provincial Police (OPP).
K.H. argued that the OPP breached his rights under sections 7, 8, 10(a), and 10(b) of the Charter, and that his statements were not voluntary.
The court found that K.H. was psychologically detained when he entered the police vehicle, and his Charter rights under sections 7, 10(a), and 10(b) were breached because he was not immediately informed of his rights.
The first and second statements were excluded due to these breaches.
The third statement was excluded because the Crown failed to prove its voluntariness beyond a reasonable doubt due to inadequate police record-keeping during the search and subsequent interactions.
The warrantless search of K.H.'s residence was found to be unreasonable and in breach of section 8 of the Charter, as exigent circumstances were not established, and the police had sufficient grounds to obtain a warrant.
Applying the Grant factors under section 24(2), the court concluded that admitting the evidence (statements, handgun, ammunition, and long guns) would bring the administration of justice into disrepute, and therefore excluded all evidence.