Is sniffing for marihuana a search within the meaning of Section 8 of the Charter?

"Sniffing" for marihuana in these circumstances constitutes a search within the meaning of Section 8 of the Charter. Where the police approach a person's home not simply to communicate with the residents, but also in the hope of securing evidence against them, they have exceeded the authority to come on to the property implied by the license given to all members of the public to approach the door of a residence and knock: Regina v. Evans, supra per Sopinka J. at pp. 30 -31. Because this search was not authorized by law it was unreasonable and thus contravenes Section 8 of the Charter.

Having concluded that virtually all of the evidence brought to the attention of the Justice in the Information to Obtain was gathered in breach of Section 8 of the Charter, the Search Warrant itself must also fall: Regina v. Evans, supra. The question is whether the evidence should be excluded pursuant to Section 24(2) of the Charter, which provides: S. 24(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all of the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.