During the execution of an arrest warrant for a specific target at a residence, police officers entered the apartment and found the young person sleeping on a couch.
Despite having already arrested the target at the door, police detained the young person, ordered him to show his hands, and conducted a pat-down search citing officer safety, which led to the discovery of illegal drugs.
The young person brought a Charter application arguing arbitrary detention and denial of right to counsel.
The court found that the police exceeded their authority under the warrant by entering the home to check for other individuals, resulting in serious breaches of the young person's rights under sections 9, 10(a), and 10(b) of the Charter.
The evidence was excluded under section 24(2) as admitting it would condone the abuse of police authority and undermine public confidence in the justice system.
