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The court excluded firearm and drug evidence under section 24(2) of the Charter after finding the arresting officer's testimony regarding the grounds for the traffic stop and vehicle search to be unreliable.
The court granted the Charter application of Malamin Marong, excluding evidence of a loaded prohibited firearm and cocaine found during a vehicle search.
The court found that the police lacked grounds for the initial traffic stop and subsequent search under the Cannabis Control Act, and that the officer's evidence was unreliable and contradicted by other evidence.
The breaches of Charter sections 8 and 9 were serious, and the exclusion of the evidence was necessary to maintain the integrity of the justice system, despite the reliability and importance of the evidence to the Crown's case.
