(613) 371-3884
2021 ONSC 7312; R v MB, 2022 ONSC 1762
Mr. MB lived in a home that the police wanted to get into to search for drugs and money. The police did not have evidence that drugs and money would be found in the home. They then used the possibility of a firearm being found in the home to get a warrant to enter the property. Defence counsel argued to quash the warrant and exclude the evidence. The police should not have been permitted to search in certain parts of the property, and because the police acted in such an improper manner that the police ought not to have been given permission to enter the property and seize potential evidence. The Court agreed that the police acted improperly by using the warrant as a ‘Trojan Horse’ to search for drugs and money, rather than a firearm. Over $1-million dollars and hundreds of thousands of dollars in other property were excluded from trial because of the improper police conduct. Mr. MB was acquitted.