C. Szpulak

The applicant was arrested for drug trafficking, and a subsequent search of his residence yielded a firearm.

He brought a Charter application to exclude evidence, alleging breaches of his s. 10(a) and 10(b) rights due to a delay in facilitating contact with counsel and a failure to inform him of the firearms charges.

The court found that the police breached both s. 10(a) and s. 10(b) of the Charter.

However, applying the Grant framework under s. 24(2), the court concluded that the evidence should not be excluded, as the breaches had a minimal impact on the applicant's Charter-protected interests and society's interest in adjudicating the serious charges on their merits strongly favoured inclusion.

The accused was charged with multiple firearm and drug offences following a shootout between individuals associated with two vehicles on a residential street.

The Crown relied on circumstantial evidence, including video surveillance, a single particle of gunshot residue (GSR) on the accused's jacket, and his possession of a key fob for one of the vehicles.

The court found reasonable doubt regarding the accused's identity as the shooter due to discrepancies in clothing, the presence of a possible third person, and the unreliability of the GSR evidence.

The court also found insufficient evidence to prove the accused had knowledge of the drugs concealed in a backpack in the vehicle's trunk.

The accused was acquitted of all charges except for one count of simple possession of cocaine, which he conceded.