The accused was arrested outside a target apartment building on suspicion of possession for the purpose of trafficking crystal methamphetamine and GHB.
The court found that the arrest was unlawful, lacking reasonable and probable grounds.
The detectives relied on mere suspicion based on the accused's presence outside the building and a "hard stare," without evidence connecting him to the target unit or any drug activity.
The court found multiple Charter breaches including violations of sections 7, 8, 9, and 10(b), stemming from an unlawful arrest effected through excessive force, an unlawful search, and a three-and-a-half-hour delay in providing access to counsel.
The court excluded the evidence and dismissed all charges.
