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“The use of dynamic entry amounts to serious misconduct. The knock-and-announce principle has been part of Canadian law for decades. The officers who testified did not say when the Ottawa police decided that dynamic entry should be the rule rather than the exception. However long the practice has been in place, it reflects a casual disregard for Charter rights,” Gomery ruled.

The judge said she has no doubt the police acted in good faith, in that they firmly believe its blanket practice is in the name of officer safety, but warned:

“This does not justify systemic use of dynamic entry to execute all, or almost all, search warrants of private dwellings in Ottawa. The police cannot operate from an assumption that they should break in the door of any residence that they have a warrant to search. The court must be concerned about disassociating itself from this practice,” Gomery ruled.

The judge’s remarks were prompted after seasoned defence lawyer Mark Ertel won a charter application that his client’s rights were trampled in the unreasonable search.

“The misconduct was serious because it was based on a casual disregard for established authority about how search warrants should be executed,” the judge ruled.

“The matter is still before the courts so I can’t comment on the result of the application, but I can say that I hope as a citizen of this community that police will safeguard the rights of people in their homes,” Ertel said.