The defendant was charged with possession of marijuana and possession of cocaine following a pat down search during a traffic stop.
The Crown's case rested on evidence obtained from the search.
The court found that the initial stop, while ostensibly for Highway Traffic Act violations, was a pretext to investigate bail compliance.
The detention that followed was unlawful and arbitrary.
The subsequent pat down search, characterized as a safety search, was in fact conducted to locate drugs rather than weapons.
The court excluded the evidence under section 24(2) of the Charter and dismissed the charges.
