The defendants, Victoria Manna-Silva and Ralph George, brought applications under sections 24(1) and 24(2) of the Canadian Charter of Rights and Freedoms to exclude evidence (drugs and a firearm) and for a stay of proceedings, alleging violations of their section 8 (unreasonable search) and section 10(b) (right to counsel) Charter rights.
The court found that police lawfully entered the apartment under exigent circumstances (911 domestic violence call) and observed drugs in plain view.
However, the court found section 8 violations for police remaining in the apartment after Ms. Manna-Silva was removed and for minor unlawful searches by a supervising officer.
A section 10(b) violation was also found due to delay in facilitating Ms. Manna-Silva's access to counsel.
Applying the Grant factors, the court determined that the seriousness of the breaches was low to moderate, the impact on the accused's Charter interests was not sufficiently serious to warrant exclusion given the independent discoverability of evidence and lack of self-incrimination, and society had a strong interest in adjudicating the serious drug and firearm charges on their merits.
Consequently, both the applications for exclusion of evidence and a stay of proceedings were dismissed.
