In the circumstances, I'm not the least bit surprised the Judge found a breach, even with a diminished expectation of privacy.
The only really questionable aspect of the judgment, in my mind, was the failure to admit the evidence under 24(2). Excluding real evidence of that magnitude, where such a serious offence is involved, brings the administration of justice into disrepute. Of course, that's my opinion. The judge found that essentially upholding the violation of the accused's Charter rights would do the same, presumably to a greater degree. Canadian courts (especially BC courts) treat drugs pretty leniently, and Charter violations pretty seriously. Disappointing result in this case, but not outrageously out of line with previous decisions I've seen.
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