The accused, charged with sexual offences and child pornography, brought a Charter application to exclude evidence obtained from his cell phone.
Police attended the home of the accused's mother without a warrant, informed her the phone contained child pornography, and demanded she hand it over, creating exigent circumstances.
The court found the warrantless seizure violated section 8 of the Charter because the police instigated the exigent circumstances instead of pursuing prior judicial authorization.
However, applying the Grant framework, the court declined to exclude the evidence under section 24(2), finding the evidence was highly reliable, pre-existed the investigation, and its exclusion would bring the administration of justice into disrepute.
