Alberta Provincial Court, 30 October 2002
Acting on an anonymous tip, police searched a building looking for a missing girl. No notice was given to any of the tenants. The landlord let them into Adrian Tymensen’s apartment where they found marijuana growing. After getting a search warrant, a total of 157 plants were seized. A police expert estimated their street value at $131,800 at $280 per ounce. Tymensen was charged with production and possession of marijuana for the purpose of trafficking and careless use of firearms.
The Court threw the evidence out, saying the search was based on based on an anonymous, vague, and unfounded public tip. To enter a dwelling house without a warrant, even in exigent circumstances, constitutes such a serious breach of Charter rights that it will likely lead to any evidence seized being inadmissible in court. The landlord was trespassing. This was a case where the Court must “disassociate itself from the conduct of the police.”