Trial in relation to various drug related offences. While under surveillance, accused was seen to place two garbage bags into bins outside of the townhouse that he was living at. The bins were within an unlocked garage area. Drug residue found in the garbage. Issue regarding alleged s. 8 breach.
Held: No s. 8 breach.
As per Patrick, 2009 SCC 17, issue being whether accused had a reasonable expectation of privacy in his garbage. Factors considered included: that the garbage was deposited into a communal dumpster, and that there was no evidence of a subjective belief in an expectation of privacy. “Balancing all the factors in Patrick, I conclude that this search without a warrant was justified. The strong evidence of abandonment more than cancels out the private location in which garbage was stored in the townhouse complex.”
C. Rice, A. Konye – Defence Counsel