In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Brown, 2024 ONCA 453 where police executed a Feeney warrant to arrest a man as part of the multi-jurisdictional investigation of a gang suspected of criminal activity, including trafficking in drugs and firearms. The warrant did not authorize a no-knock entry but police used a ram to break down the door without prior announcement anyways. A trial judge found the dynamic entry breached the Charter and stayed some, but not all of the charges, under s. 24(1). Was the partial stay of proceedings warranted or would something else suffice to address the damage done to the integrity of the justice system occasioned by the police misconduct? What lessons can you learn from this case?

— R. v. Brown, 2022 ONCJ 597 (lower court decision)
— Project Sunder press conference

Also check out Episode 26 — House arrest or home invasion? Fundamentals, frustration & Feeney — and Episode 57 — Dynamic entries & no-knock no-nos — for more on entries to a dwelling house.