The accused brought an application under sections 8, 9, and 24(2) of the Charter to exclude firearms and drugs seized from his residence.
The police had arrested the accused and another suspect, entered the accused's residence without a warrant claiming exigent circumstances, and later obtained a search warrant based on information from a confidential informant.
The court found the search warrant invalid, as the information provided by the informant lacked sufficient compelling and corroborated details to establish reasonable and probable grounds that the evidence sought would be found in the residence.
The court also found the initial warrantless entry, the arrest, and the vehicle search to be unlawful.
Applying the Grant framework, the court concluded that the multiple, serious Charter breaches warranted the exclusion of the evidence under s. 24(2), despite the seriousness of the firearms offences.
