Majority
The judgment of La Forest, L'Heureux-Dubé, Cory and McLachlin JJ. was delivered orally by
La Forest J.
La Forest J. ‑‑ This is an appeal as of right.
We find no error in the reasons of the Court of Appeal. As to the additional point, the majority (La Forest, L'Heureux‑Dubé, Cory and McLachlin JJ.) is of the view that, on the whole, the search and the manner in which it was conducted were not unreasonable. Iacobucci J., dissenting, agrees with the conclusion of the trial judge that the manner in which the search was conducted was unreasonable and that, applying the factors relevant to s. 24(2) of the Canadian Charter of Rights and Freedoms , the evidence should be excluded.
The appeal is accordingly dismissed, Iacobucci J. dissenting.
Judgment accordingly.
Solicitors for the appellant: Lambert & Duncan, Halifax.
Solicitor for the respondent: The Department of Justice, Halifax.