The accused was charged with assault on a peace officer, escape from lawful custody, and failing to comply with recognizance.
The court considered a Charter application to exclude fingerprint evidence obtained during a traffic stop that evolved into an investigative detention.
The accused argued violations of sections 9, 10(a), and 10(b) of the Charter.
The court found that while the initial detention and pat-down search were justified, the officer's attempt to handcuff the accused without reasonable grounds constituted an arbitrary detention in violation of section 9.
However, the fingerprint evidence was admitted under section 24(2) as the breach was minor and technical, the impact on the accused's liberty interest was minimal, and the evidence was vital to the truth-finding process.
