The accused was charged with drug and firearm offences following a traffic stop where police found cocaine and fentanyl in his fanny pack, and later found a loaded firearm in the police cruiser where he had been seated.
The accused brought a Charter application alleging unlawful detention, unreasonable search, and a breach of his right to make full answer and defence due to lost sally port video evidence.
The court dismissed the Charter application, finding the investigative detention and subsequent search were lawful based on officer safety concerns, and the lost video did not cause actual prejudice.
The accused was found guilty of the drug offences but acquitted of the firearm offences, as the court found the police evidence regarding the search of the cruiser unreliable.
