The applicant brought a pre-trial motion alleging violations of his Charter rights under ss. 8 and 10(b) and seeking the exclusion of cocaine and cash seized from his residence.
The court found a minor s. 10(b) breach due to a brief delay in advising the applicant of his right to counsel upon arrest.
However, the court dismissed the s. 8 claims, finding that exigent circumstances justified the initial warrantless entry to freeze the residence, and that the subsequent search warrant was valid despite errors in the Information to Obtain.
Applying the Grant framework, the court concluded that the admission of the evidence would not bring the administration of justice into disrepute and dismissed the application to exclude the evidence.
