Case information

Criminal law — Charter of Rights — Exclusion of evidence — Does the second step of the R. v. Grant, 2009 SCC 32, [2009] 2 S.C.R. 353, test assessing the impact of a Charter breach require reconsideration — Whether the lower courts erred in their s. 24(2) Charter analysis — Whether the setting of the Charter breach is a requisite factor when examining the impact of the breach on the Charter-protected interests of the applicant and the administration of justice — Charter of Rights and Freedoms, s. 24(2)

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The police executed a search warrant at the applicant’s home and seized drugs and money. After executing the warrant, the police discovered that the affiant had mistakenly inverted two numbers in the applicant’s address in the Information to Obtain, rendering the warrant invalid. At trial, the Crown conceded that the error in the search warrant rendered it invalid, and therefore the search was a warrantless search. The applicant was convicted of possession of cocaine for the purpose of trafficking, possession of marihuana, and possession of property obtained by crime. The trial judge ruled the evidence admissible under s. 24(2) of the Charter. The Court of Appeal dismissed the conviction appeal.