The accused was charged with possession of cocaine for the purpose of trafficking, possession of cannabis for distribution, and failure to comply with release conditions.
Following a surveillance operation, police conducted a high-risk takedown and arrested the accused for breaching his recognizance.
A subsequent search of his vehicle revealed a kilogram of cocaine and a pound of cannabis.
The accused brought a Charter application alleging breaches of his ss. 8 and 10(a) rights.
The court found a technical s. 10(a) breach but declined to exclude the evidence under s. 24(2).
The court found the accused guilty of the cocaine and breach charges, relying on constructive possession, but acquitted him of the cannabis charge due to insufficient evidence of a purpose of distribution.
