At Passi & Patel, we’ve built our practice on protecting your Charter rights the moment you’re in police custody. In April 2022, the Supreme Court’s decision in R v Stairs dramatically changed how and when officers can search your home without a warrant after an arrest. 

Here’s what everyone in Ontario needs to know.

What Changed in R v Stairs?

Before Stairs, police often relied on a broad “search incident to arrest” power to sweep your living room, kitchen, even closets, right after they took you into custody. The Supreme Court said that can’t continue unchecked. Now, for any warrantless home search after an arrest, officers must show:

1. Immediate Safety Risk
   They must reasonably believe there’s a real danger, like evidence being destroyed or someone getting hurt, if they don’t act right away.

2. Proportionality
   The search can’t be a general sweep. It must be narrowly focused on the exact place where that safety risk exists.

Why This Matters to You

• Protect Your Privacy:
  Your home is your sanctuary. R v Stairs means police can’t rummage through it just because an arrest happened there.

• Stronger Challenges in Court:
  If officers go beyond their allowed scope, any evidence they find may be thrown out.

• Clearer Police Accountability:
  Officers now must explain in detail, under oath, why each part of the search was necessary.

Practical Tips to Guard Your Rights

• Take Notes:
  If you’re arrested at home, write down or record exactly what areas the police searched and why they said it was urgent.

• Meet Deadlines:
  Charter challenges must be launched early, missing the window can cost you the chance to exclude evidence.

• Get Expert Help:
  Even a small overstep by police can change the outcome of your case.

How Passi & Patel Can Stand with You

• Rapid Case Intake: We review your arrest and search details immediately, preserving testimony and evidence that may otherwise fade.

• Targeted Charter Motions: Our lawyers craft precise arguments under R v Stairs to challenge any overbroad searches.

• Full Service Defence: Whether through negotiation or trial, we use every tool at our disposal to protect your privacy and your freedom.

Don’t Let an Unlawful Search Undermine Your Case

The rules have changed in Ontario. If you or someone you care about were arrested at home and searched without a warrant, you need a defence team that understands the new law inside and out. 

Contact Passi & Patel today for a free, confidential consultation. Your home, your rights, your peace of mind safeguarded.