Questions regarding Canadian search and seizure laws.

Regnes

Well-Known Member
Ok so luckily in Canada we have the Canadian Charter of Rights and Freedoms, Section Seven and Section Eight of this charter act as the equivalent to the American Fourth and Fifth Amendments.

My first question is if police(In my case, the RCMP) require a warrant to enter my home, or if they can bypass that without consent.

My second question is if I rented an apartment, does the person who owns the apartment building have the right to let the police in my apartment?

I'm just trying to figure this all out since I'm planning on doing a small personal grow for myself, and would like to prepare as best possible.

My mother works for the RCMP, so I really wouldn't want to make trouble for her, even though I'd never do a grow in my parent's home, I'd hate to make things awkward for her at work.

Also with the apartment thing, I know the landlord has right to inspect the property, has this ever been a real problem for anybody?
 

maevin

Member
Yes the landlord can let the police in and yes the police can search if the landlord says he smells pot in there. That gives them probable cause. Even if a neighbour calls and says they smell pot, wether smoking or growing, the police can visit and smell it, and then enter.
 

NoDrama

Well-Known Member
No, the landlord is considered a 3rd party and has no legal jurisdiction in YOUR home. Even the owner of the apartment building has no legal standing, only YOU DO. If he smells it and notifies police and they can indeed verify the smell, then YES they can enter the home after easily getting a warrant. Otherwise without your consent they cannot lawfully enter your home at any time unless there were an emergency help call from the residence.

Landlords are required to give 24 hour notice before an inspection.
 
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