Drug trafficking trial. Voir dire to determine whether accused’s section 8 Charter rights were violated by police installing a video cameral in the hallway of a condo complex, without a warrant. Building manager was cooperative and granted police access. Evidence from the camera was later used to support an application for a warrant to search one of the condo units.
Held: s 8 breach.
Applying the criteria in Wills, 1992 CanLII 2780 (Ont CA) the consent provided by Mr. Scott (the manager) was not properly informed. “I am not at all satisfied that Mr. Scott was aware of his right to refuse to permit the police to have access to the building or to install a covert camera…I suspect that Mr. Scott would have granted his consent regardless, but one must not confuse ‘eager consent’ with ‘informed consent’. The person being asked to consent must be made to understand that he or she has the right to choose to withhold consent.” Evidence from the hallway camera excised from the ITO.
P. Fagan – Defence Counsel.