SUPREME COURT OF CANADA - NO APPEAL FOR "DOOR KNOCK" CASE
Saturday, April 29, 2017 at 9:39AM The Supreme Court of Canada has dismissed the Crown’s application for leave to appeal Mr. Rogers’ impaired and exceed .08 acquittals in a case where knocking on his apartment door was the issue - R. v. Rogers, 2017 CanLII 21419 (SCC). The judgment the Crown was applying to appeal reads:
I have concluded that if a trial judge finds on all of the evidence a police officer knocked on the door to a residence for the purpose of securing evidence against the occupant, the officer is conducting a search within the meaning of s. 8 of the Charter. As set out in Evans, a warrantless search is presumed unreasonable and the Crown has the onus of showing that it was reasonable. As found in Evans, if there is no valid warrant the search of a dwelling is unreasonable, and following Evans I find that the search in this matter to be a breach of s. 8 of the Charter. R v Rogers, 2016 SKCA 105 (see August 28, 2016 blog entry).