Trial on s. 4(1) CDSA charge. Warrantless entry of a residence. Accused rented the basement. The owner of the residence consented to police entry and search, on the basis of an allegation that the accused renter had threatened him. Issue as to whether police permitted to enter and search the basement area without a warrant.
Held: No s. 8 breach.
In entering into the basement area of the home, the police were exercising their general duty as recognized at common law to protect public safety. Further, it was reasonably necessary in the circumstances for the police to interfere with individual liberty in order to perform this duty. Presumption of unlawfulness rebutted by the Crown.
G. Ellwand – Defence Counsel