Chris Leafloor

The applicant, charged with drug trafficking offences, brought a Charter application to exclude drug evidence seized following his arrest.

The applicant was initially detained for a drug investigation which yielded no evidence, but police continued to detain him for an additional 25 minutes to investigate a potentially stolen vehicle without informing him of the new reason for detention or re-cautioning him.

During this unlawful detention, police discovered cocaine near the applicant, leading to his arrest and a subsequent level 3 search that revealed more drugs.

The court found serious breaches of sections 9, 10(a), and 10(b) of the Charter and excluded the evidence under section 24(2), concluding its admission would bring the administration of justice into disrepute.

The accused was stopped by police for using a cell phone while driving.

During the stop, the officer smelled fresh marihuana and subsequently observed a bag of marihuana in plain sight.

The accused was arrested for possession of marihuana, and a search incident to arrest revealed crack cocaine.

The accused brought a Charter application alleging breaches of ss. 8, 9, 10(a), and 10(b), seeking to exclude the cocaine under s. 24(2).

The court found minor breaches of ss. 8 and 10(b) because the officer asked a question about the bag before advising the accused of his rights.

However, applying the Grant framework, the court concluded the breaches were minor, the police acted in good faith, and the evidence was reliable.

The application to exclude the evidence was dismissed.

The accused pleaded guilty to trafficking 4.95 grams of MDMA after selling it to an undercover officer via a Craigslist ad.

The Crown sought a six-month custodial sentence, while the defence sought a suspended sentence.

The court found that the mitigating factors, including the accused's youth, lack of criminal record, guilty plea, and strong rehabilitative prospects, constituted exceptional circumstances.

The court imposed a suspended sentence with one year of probation, along with a weapons prohibition and forfeiture of the seized money.