The appellant challenged the constitutionality of s. 117.04(1) of the Criminal Code, which authorizes search warrants for weapons on public safety grounds, arguing it violated s. 8 of the Charter.
The Court of Appeal held that the provision violates s. 8 because it lacks a requirement that the peace officer have reasonable grounds to believe that weapons are likely to be found on the person or premises to be searched, and that such grounds be presented to the issuing justice.
The Court found this omission allowed for overbroad searches and could not be saved under s. 1.
The provision was declared of no force or effect, with the declaration suspended for six months, and the search warrant for the appellant's residence was quashed.
