The accused was charged with failing to comply with judicial interim release conditions (curfew and weapons prohibition) after a traffic stop.
He brought a Charter application alleging violations of ss. 8, 9, 10(a), and 10(b).
The court found that the accused's detention became arbitrary, his s. 10(a) rights were violated by delayed notification of reasons for detention, and his s. 10(b) rights were violated by delayed access to counsel and incomplete information.
The search of his person and wallet was also found to be illegal.
Applying the s. 24(2) Grant analysis, the court excluded the seized weapons due to serious police misconduct and significant impact on the accused's Charter rights, leading to a finding of not guilty on the weapons charge.
The curfew charge was dismissed earlier by the Crown.
