The applicant, Shaun Krawiec, brought a pretrial application to exclude evidence, specifically a handgun, observations of officers, and his identification, from his trial for possessing a loaded prohibited firearm.
The application was based on alleged violations of his Charter rights (ss. 8, 9, 10(b)) during his detention, arrest, questioning, and search by police.
The Crown conceded breaches of s. 8 (unjustified pat-down search) and s. 10(b) (failure to fully inform of right to counsel).
The court found the initial encounter constituted a detention but was not arbitrary.
The second detention was also found not arbitrary.
Applying the Grant analysis under s. 24(2) of the Charter, the court weighed the seriousness of the police misconduct, the impact on the accused's Charter interests, and society's interest in adjudication on the merits.
The court found the police conduct was not serious, the impact on the applicant's rights was not severe, and the truth-seeking function favored admission.
The application to exclude evidence was dismissed.
