The accused was charged with possession of marijuana for the purpose of trafficking.
The trial judge found a warrantless search of the accused's car violated s. 8 of the Charter and excluded the evidence.
The Court of Appeal reversed this, admitting the evidence and entering a conviction.
The Supreme Court of Canada agreed the evidence was admissible under s. 24(2) as it was real, pre-existing evidence and the breach was not flagrant.
However, because the accused had not had the opportunity to put forward a defence at trial, the Court allowed the appeal in part to order a new trial rather than entering a conviction.
