The defendants were charged with possession for the purpose of trafficking after a police officer pulled over their vehicle for a suspended license, discovered they were on conditions not to associate, arrested them, and found drugs during an inventory search of the car.
The defendants brought a Charter motion to exclude the evidence.
The court found multiple violations of both defendants' rights under ss. 8, 9, 10(a), and 10(b) of the Charter, including arbitrary detention, unlawful questioning, failure to promptly advise of reasons for detention and right to counsel, and an unlawful inventory search.
Applying the Grant framework, the court concluded the breaches were serious and significantly impacted the defendants' rights, warranting the exclusion of the evidence under s. 24(2).
