The accused brought a Charter motion alleging breaches of Sections 8 and 9 due to an unlawful warrantless arrest and an unlawful search incident to arrest, including the observation of a phone notification.
The court found that the arrest was lawful, based on reasonable and probable grounds derived from police surveillance and communication with the accused, who was believed to have sexually assaulted the complainant.
The court also ruled that observing a plain-view phone notification on a lawfully seized phone did not constitute a search engaging Section 8 Charter rights, as there was no reasonable expectation of privacy.
Consequently, the accused's application to exclude evidence was dismissed.
