The accused was stopped at a RIDE program where an officer observed a used bong within reach in the vehicle.
The officer conducted a search under the Cannabis Control Act, locating drugs, cash, and weapons.
The accused brought a pre-trial Charter application alleging breaches of his s. 8 and s. 10(b) rights.
The court found no s. 8 breach, as the used bong provided reasonable grounds for the search.
While the court found a s. 10(b) breach due to delayed access to counsel, it declined to exclude the evidence under s. 24(2) of the Charter, finding the breach was not serious and the evidence was highly reliable and essential to the prosecution.
