Norman Martin Campbell v. Her Majesty the Queen – May 11, 2011
The appellant argues that his right to be secure from unreasonable search and seizure had been infringed during a 2006 murder investigation.
Toronto police had a search warrant to search the townhouse where Campbell rented a basement apartment. The body of a female resident of the townhouse was found in a garbage bag near the complex. Twenty-year-old Yasmin Ashareh died of stab wounds to the neck and another fellow tenant was later convicted of first-degree murder.
Campbell was charged with unauthorized possession of a sawed-off shotgun and ammunition that the police found during its search of the townhouse. He was acquitted after the trial judge ruled that there were no reasonable and probable grounds to search his apartment and that the evidence seized was inadmissible.
One of the issues in this appeal is whether the search warrant was unconstitutional.