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.