The accused was charged with drug trafficking and possessing a loaded firearm after police stopped the rental vehicle in which he was a passenger.
The officers claimed they stopped the vehicle to check licensing and insurance under the Highway Traffic Act.
The accused brought a Charter application alleging arbitrary detention based on racial profiling.
The court found that the officers concocted a reason to approach the vehicle and that the decision to detain was informed by the race of the occupants.
The court concluded that the stop was an unlawful pretext and a serious violation of section 9 of the Charter.
The evidence was excluded under section 24(2) and the accused was acquitted.
