In R. v. Legacy, 2022 SKPC 1, January 7, 2022, the accused was charged with the offences of impaired operation of a conveyance and refusing to comply with an approved instrument demand.  After receiving a complaint, the police (Cst. Gnanathayalan) went to the accused’s residence, entered it and arrested the accused. The officer testified that he had been “invited” to enter the residence by the accused’s partner (Ms. Macaloney).

The accused argued that “the police officer’s warrantless entry into Mr. Legacy’s house was an unreasonable search contrary to his right to be protected from this under s. 8 of the Canadian Charter of Rights and Freedoms [Charter]. As a result, under s. 24(2) of the Charter, the defence seeks to exclude all the evidence which arose following Cst. Gnanathayalan’s entrance into this house” (see paragraph 4).

The application was dismissed.

Judge Green concluded that the “officer received a valid consent from Ms. Macaloney to enter this residence; and…As a result, both the officer’s entrance into this residence and his subsequent arrest of Mr. Legacy were lawful…Taken together, I am not satisfied that this police officer’s entrance into Mr. Legacy’s residence constituted a breach of Mr. Legacy’s rights under s. 8 of the Charter. Mr. Legacy’s application under s. 24(2) of the Charter is dismissed, and all of the evidence from the voir dire is applied to the trial on all of the charges” (at paragraphs 27 and 29).