R. v. C.E.

(Calgary, P.C.). Client charged with possession of a firearm located during a police search of his residence.  The Crown stayed the charges prior to trial due to a Charter Notice outlining obvious and insurmountable breaches of his section 8 Charter rights protecting against unreasonable search and seizure. In this case, the police entered the accused's home pursuant to a domestic violence complaint,  without a search warrant.  Though the police may have been legally authorized to search the premises for "persons", opening drawers and looking through places where a person would not be found constituted a violation of the accused's section 8 Charter protected interests. Criminal law is an interesting field where it is easy to permit the optics of a case to cloud or conceal otherwise viable defences. David Chow is a Calgary firearms lawyer and full service Calgary criminal lawyer who handles cases throughout Alberta.  He almost always offers a free telephone consultation.