The applicant was arrested at gunpoint by plainclothes police officers who suspected him of trafficking heroin from his vehicle.
A warrantless search of the vehicle incident to arrest yielded a large quantity of heroin hidden in false-bottomed aerosol cans and cash.
The applicant brought a Charter application under ss. 8, 9, and 24(2) to exclude the evidence, arguing the police lacked objective reasonable and probable grounds for the arrest.
The court found the arrest was lawful based on the totality of the circumstances observed by the surveillance team.
Alternatively, applying the Grant framework, the court held that even if a Charter breach occurred, the evidence should not be excluded under s. 24(2) given the reliability of the evidence and society's interest in adjudicating the serious charges on their merits.