Conviction appeal on charges including second degree murder. Police executed a search warrant at accused’s property. Evidence discovered resulted in a DNA match with the victim. At the time of the search, the accused asked to see the search warrant. Police lied to accused and said that they did not have a copy of the warrant with them. Trial judge found s. 8 breach, but, did not exclude the evidence.

Held: Appeal dismissed.

No error in the trial judge’s Grant analysis. The police conduct fell “somewhere between carelessness and negligence.” Failure to comply with s. 29(1) CC, is a far less serious breach than a warrantless search. Further, the accused received oral disclosure from the police regarding the scope of the search, and what was being searched for. Finally, the impugned evidence played an important role in the merits of the adjudication.

K. Quinlan – Defence Counsel