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The court upheld seizure of three phones from the accused’s bedroom under s. 489, but found most other items seized during the search were not lawfully seized.
Appeal dismissed. The Court held the trial judge erred in treating a third party’s s. 10(b) breach as requiring a separate connection in the s. 24(2) analysis, but the evidence was still admissible; wilful blindness was also upheld.
The court found s. 8 breaches in a rushed knock-and-announce entry and in seizing miscellaneous items, while upholding seizure of firearms in safes and a vehicle safety search.
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