The applicant sought to exclude a statement given to police following his arrest during the execution of a search warrant, alleging breaches of his rights under ss. 10(a) and (b) of the Charter.
The court found that the police failed to adequately inform the applicant of the reasons for his arrest and delayed his access to counsel, noting significant deficiencies in the officers' note-taking.
Applying the Grant framework, the court excluded the applicant's statement but declined to exclude the physical evidence seized during the search, as its discovery was unrelated to the Charter breaches.