Summary

Keywords

Charter — Canadian Charter of Rights and Freedoms — Charter of human rights and freedoms — Right to be secure against unreasonable search or seizure — Civil Code of Québec, CQLR, c. CCQ 1991, art. 2858 — Evidence obtained in manner that infringed or denied any guaranteed rights or freedoms — Bringing administration of justice into disrepute — Municipal law — Act respecting land use planning and development, CQLR, c. A 19.1, ss. 227 and 231 — Carrying out of required work — Demolition — Whether art. 2858 of Civil Code of Québec allows unlawfully obtained evidence to be filed.

Summary

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The applicant owned a building in Ville de Sainte Agathe des Monts (“town”). Between 2009 and 2012, the town conducted several exterior inspections of the building and concluded that it constituted a danger to anyone wishing to live in it. The town instituted an action to have repair work done within a required time period or, in the alternative, to have the building demolished, in accordance with ss. 227 and 231 of the Act respecting land use planning and development, CQLR, c. A 19.1. In preparation for the proof and hearing, and despite the applicant’s refusal, the town inspected the interior of the building after gaining access through an unlocked window.

Lower Court Rulings