Client charged with possession for the purpose of trafficking, and possession of proceeds of crime. Complainant reported two incidents of assault and uttering threats from the accused. She told police that he had over 20 registered firearms kept in a gun locker at the house. Police came to the house to arrest the client. After he was arrested and placed in the police vehicle, they entered the house and opened the gun locker to seize his firearms. Police did not have a warrant, but cited “exigent circumstances” for their entry into the house. A large amount of marihuana and money were located in the gun locker. Defence argued a breach of client’s s. 8 right to be free from unreasonable search and seizure, and asked for exclusion of the evidence.
Held: Defence application granted, no exigent circumstances to justify warrantless search. Evidence excluded and client acquitted.