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Ont. C.A. considered whether a mistaken-identity arrest was lawful, and whether drugs and a gun found on the appellant should be excluded under s. 24(2).
The court excluded evidence seized from Mr. Cancela’s residence under s. 24(2), finding the warrant affidavit materially omitted and overstated key facts.
The Ontario Court of Appeal dismissed Luan Ngo’s conviction appeal, holding the no-knock entry was justified under Cornell and that no s. 8 breach was shown.
The court dismissed a s. 24(2) Charter application to exclude trunk evidence after finding multiple police breaches, holding admission would not bring the administration of justice into disrepute.
The court upheld a protective pat-down during a dropped 911 call response, found no s. 8 or s. 9 breach, and dismissed the accused’s Charter application.
The court held the warrant adequately described the apartment, but police entry into common areas without express authorization breached s. 8. Section 24(2) was left for later submissions.
The deliberate operational decision to delay the appellant's access to counsel until after searches produced a serious s.10(b) breach whose impact on the appellant's security of the person and dignity outweighed society's interest in admission of the reliable, probative evidence; applying Grant the seized handgun and cash were excluded under s.24(2), convictions overturned and acquittals entered.
Source excerpt
In a voir dire, the court held that a search incident to arrest was reasonable under s. 8 and admitted drugs found on the accused and in his vehicle.
The court admitted evidence obtained through an ICBC production order, finding the Charter breach less serious and the privacy impact limited under s. 24(2).
The court granted a s. 24(2) Charter application and excluded drugs seized from a vehicle after finding multiple serious Charter breaches by police.
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