Bianca Francesca Benincasa

The defendant, Carlos Galeano, brought a Charter application alleging breaches of ss. 8, 9, and 10(b) by police during a traffic stop and subsequent vehicle search under the Cannabis Control Act (CCA), and delayed access to counsel.

The court found that while the initial traffic stop and grounds for a CCA search were valid, the search itself was conducted in an unreasonable and overbroad manner, exceeding the statutory authority.

Furthermore, police failed to facilitate access to counsel at the scene and during a lengthy delay at the police station.

Consequently, the court found breaches of ss. 8, 9, and 10(b) of the Charter and ordered the exclusion of all seized evidence and statements under s. 24(2).

The appellant, convicted of importing cocaine, sought leave to appeal her sentence of six years and three months.

She argued the trial judge erred by failing to consider collateral consequences related to her children's care by the Catholic Children's Aid Society and the impact of systemic discrimination and racism.

The Court of Appeal granted leave but dismissed the appeal, finding the trial judge adequately considered family circumstances as a mitigating factor and that systemic factors, while relevant to responsibility, do not diminish the gravity of the offence.

The sentence was at the low end of the established range for such offences.