This was an application to exclude evidence obtained contrary to the Charter during a warrantless search of an apartment where police found an injured dog.
Police went to defendants’ apartment after neighbours reported hearing whining, yelling, hitting and a man say “I am sick of this dog eating my food”. One defendant insisted they needed a warrant and denied that any animals were in the apartment. Police entered the anyways and found a malnourished dog with visible injuries. Defendants were charged with “animal cruelty” and obstructing police.
Crown argued exigent circumstances were present. However, in considering that a warrant could have been obtained in ~30 minutes and that the defendants had been naked in a private residence, the judge excluded the evidence (photos of the dog, the defendants’ presence and statements) on the grounds that the “public and police safety” justification for violation of privacy rights did not extend here, and police had not acted in good faith by not getting a warrant despite the defendant’s insistence.