In the Charter of rights and freedoms under section 8 it says you have right to unreasonable search or seizure?

8. Everyone has the right to be secure against unreasonable search or seizure

Please notice the word UNREASONABLE in the above section.

Canadian courts have held that officers can seize anything they see, smell, touch or hear while in a legal place. They were called to your house for a noise complaint. They were legally there, while there they saw and smelled Marijuana and Alcohol violations. They can legally react.

The purpose of this law is so police driving down the street looks at the front window of your house and sees someone stabbing or shooting you. They can immediately come in and stop the assault / homicide instead of going for a warrant that takes hours to get.

Sorry dude, you are going to bite it this time.

In America they would probably need a warrant unless they could somehow verify the presence of drugs through their basic senses.... i.e. they could hear people saying they were doing drugs or perhaps smell the drugs, they followed someone into the home that they the knew was carrying contraband (drugs/ other illegal stuff). The Fourth Amendment of the U.S. Constitution Prohibits unreasonable searches and seizures... in fact a search without a warrant is presumed unreasonable in places like homes (but can be proven to be reasonable by the police).

Your Charter of Rights (I am assuming you are in Canada) seems similar to the U.S. Constitution's Fourth Amendment but it is different so in the end I really do not know... You should talk to a Canadian Lawyer. See http://en.wikipedia.org/wiki/Section_Eight_of_the_...