On a pre-trial Charter application, the moving party sought exclusion of statements and physical evidence seized from a BMW, alleging breaches of ss. 7, 8, 9 and 10(b).
The court found a psychological detention, breaches of counsel and silence rights, and an unreasonable search in the manner police compelled production of a key fob.
Applying the Grant framework, the court excluded the moving party’s verbal and non-verbal statements, including the key-fob handover.
The court admitted the drugs, firearm, ammunition, and related physical evidence because they were independently discoverable under a valid vehicle warrant.
The application was allowed in part.
