The applicants, charged with possession of cocaine for the purpose of trafficking, brought applications under ss. 8 and 9 of the Charter alleging arbitrary detention and unreasonable search and seizure.
The police stopped the applicants' vehicle on the highway and conducted a warrantless search, discovering cocaine.
The court found the detaining officer lacked reasonable grounds to suspect the applicants were involved in a drug transaction, rendering the detention arbitrary.
Furthermore, the court found the search of the vehicle occurred before the arrest, making it unreasonable.
Applying the Grant framework under s. 24(2), the court concluded the police conduct was deliberate or reckless and excluded the cocaine from evidence.
