The decision addresses a Charter application by Brandon Abrams regarding the timing of detention and the police obligation to hold off investigation until section 10(b) of the Charter is fully implemented.
The court finds that Abrams was not detained prior to his formal arrest, but that his section 10(b) rights were breached when police questioned him about new charges before he had a renewed opportunity to consult counsel.
The court excludes identity documents from evidence but admits drugs, an airsoft pistol, and drug paraphernalia.
