Our client will serve six months of house arrest after police raided his home on two separate occasions and found a large quantity of drugs and weapons.
Our client was sentenced to a two-year conditional sentence order Friday morning following his guilty pleas earlier this year to two counts of possessing fentanyl for the purpose of trafficking.
Our client was charged with aggravated assault. Crown prosecution sought a two-year jail sentence followed by three years probation.
Our client was released on bail to a treatment centre in September 2023, and received a conditional sentence order of 2 years.
Just after 11 a.m. on Jan. 19, 2022 , an undercover officer posing as a Canada Post employee attended T.D.’s apartment and was buzzed through by T.D.. T.D. came to the door of his unit and the officer handed the alarmed package.
T.D.’s lawyer Nelson Selamaj argued that the delivery of the package constituted a “search,” because the officer's purpose in attending T.D.’s home was to gather evidence against T.D..
“The point of contention here, as I understand it, is whether T.D. had a reasonable expectation of privacy in observations made of him and in his interactions with the [undercover officer] at the doorway of the unit. In my view, he did,” Justice Laurie wrote in her recent decision.
Section 8 of the Charter protects people from unreasonable searches and seizures, and Justice Laurie agreed with the defence that the officer physically handing Dill the package constituted a search, which was not authorized in the warrant.