Brenda Anne Lawson

The applicant, Zedekiah McAnuff, brought a pretrial application alleging violations of sections 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms and seeking exclusion of evidence under section 24(2).

The application arose from a RIDE stop where the co-accused driver was arrested for impaired driving, and McAnuff was subsequently arrested for public intoxication, leading to a search of his vehicle and the discovery of drugs, cash, and ammunition.

The court found no arbitrary detention, no arrest without reasonable and probable grounds for public intoxication, and no violation of the right to counsel or unreasonable search.

The application was dismissed, and the evidence was deemed admissible.

The accused, Jonathon Leitch and Shawn Ball, were tried for drug possession and possession for the purpose of trafficking.

Leitch brought a Charter application alleging violations of his rights against arbitrary detention (s. 9) and the right to counsel (s. 10(b)).

The court found that Leitch's s. 9 and s. 10(b) rights were violated, leading to the exclusion of methamphetamine evidence under s. 24(2) of the Charter.

Consequently, Leitch was acquitted on all four drug charges, and Ball was acquitted on the joint trafficking charge due to insufficient evidence of possession.