Accused charged with cultivation and possession of marihuana. Police attended at accused’s residence to investigate an anonymous Crime Stoppers tip received one week earlier. Tip said: “They are growing and I think they even have a young child who lives in the home with them.” Upon arrival, police noted that there was a child in the house. A portion of the basement was locked. Police told accused that she had to unlock the door, or that it would be forced open. Grow operation found.
Held: Breach of s. 8. Evidence excluded.
Search not justified under the Child Youth and Family Enhancement Act, as the Act requires reasonable grounds to believe that the survival or security of a child is endangered. Reasonable grounds did not exist. Further, no consent to search was obtained. Regarding 24(2), all Grant factors favoured exclusion. “The circumstances surrounding the Charter-violating search are so egregious that to admit the evidence thereby discovered would irrevocably taint the public perception of the administration of justice.”
J. Ouellette – Defence Counsel