This criminal appeal considered whether a roadside detention in a police cruiser and a related pat-down search violated Charter protections against arbitrary detention and unreasonable search.
A majority found the pat-down search unconstitutional because securing the accused in the cruiser was not reasonably necessary in the circumstances.
The majority nevertheless admitted the cocaine evidence under section 24(2) based on good-faith conduct and evolving detention-law context.
The conviction for possession for the purpose of trafficking was upheld.
The appeal was dismissed with dissenting reasons favouring exclusion and acquittal.
