Exigent Circumstances Searches under the Controlled Drugs and Substances Act
It is well-established that ordinarily a warrant is required in order to enter a residence to effect an arrest or conduct a search. Section 529.3(2)(b) of the Criminal Code and section 11(7) of the Controlled Drugs and Substances Act (“CDSA") both provide an exception to the requirement for a warrant to enter a residence if there are exigent circumstances. CRIMINAL CODE POWERS TO ENTER DWELLING HOUSES TO CARRY OUT ARRESTS 529.3(2) Exigent circumstances For the purposes of subsection (1), exigent circumstances include circumstances in which the peace officer (a) has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or (b) has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evi...