What is the scope of the breach of privacy by the police?

Addressing the seriousness of the breach, it is beyond question that the right to privacy in one's residence is fundamental in our society. This right has been recognized and accorded an extremely high value by the common law and more recently under the Charter. Section 8 of the Charter guarantees a broad right to be secure from unreasonable search and seizure and in general the right to privacy in one's home outweighs society's interests in effective police investigation: per Sopinka J. in Regina v. Feeney, supra at p. 154. By entering the accuseds' residence, and trespassing on their property without a warrant, the police committed a serious breach of this fundamental right to privacy and there were no circumstances justifying that breach.