H.J. was assaulted by his ex-girlfriend. H.J. called police who then came and arrested the ex-girlfriend in the lobby of his condo. After making the arrest, the police questioned H.J. whether he had any firearms registered under his firearm licence. After H.J. answered yes, the police asked H.J. to show him the firearm inside his condo unit. H.J. led the police into his unit; went to his bedroom; opened the closet; and showed the firearm that was not properly stored. H.J. was then arrested for unsafe storage, contrary to s.86 of the Criminal Code.
After Jake came onboard as H.J.’s counsel, Jake went through the police notes and identified that H.J. had allowed the police to enter his condo when he was not fully aware of the potential legal consequences; as a result, H.J’s consent was invalid and police illegally entered H.J’s condo. Once inside H.J.’s condo, the police asked where the firearm was and asked H.J. to open the closet where the firearm was stored. The questioning constituted further illegal searches violating H.J.’s Charter of Rights. The Crown eventually agreed to withdraw all the firearm related charges.