Assault and firearms charges dismissed
Mr. Armour's client stands acquitted of all charges in relation to an alleged assault and the finding of a loaded shotgun. Mr. Armour argued that the police made numerous Charter violations, including entering the defendant's residence without a warrant. The police sought to justify their entry on public safety grounds since they had information that a gunshot was heard by witnesses, however the fact is the defendant and the alleged victim of the assault had already exited the property prior to the police entering the residence. Further, the police had no reason to think anybody else was located in the residence. As such, their justification of public safety simply could not stand since there was nobody left in the house. As such, it was agreed that the police should have obtained a warrant at that point instead of just charging in.
The police then violated the defendant's Charter rights further once back at the police detachment by obtaining a statement from the defence in breach of his right to Counsel.