The accused was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime.
The police arrested the accused and searched his vehicle without a warrant, finding keys that opened an apartment where drugs and money were located.
The Crown conceded a s. 9 Charter breach for the arrest and a defective search warrant for the apartment.
The court conducted a Grant analysis and found that the police conduct in drafting the Information to Obtain (ITO) was significantly careless and misleading.
The court concluded that admitting the evidence would bring the administration of justice into disrepute and excluded the evidence under s. 24(2) of the Charter.
