The appellant was arrested for possession of a controlled substance after a police officer, responding to a traffic collision, observed him conceal a pill later identified as gabapentin — a prescription drug the officer mistakenly believed was a controlled substance under the CDSA.
The arrest was based on a mistake of law, rendering it unlawful and arbitrary under s. 9 of the Charter, and the searches of the appellant's person and car incident to that arrest breached s. 8.
The majority held that although all impugned evidence was obtained in a manner that triggered s. 24(2), the Charter-infringing conduct was inadvertent and at the less serious end of the culpability scale, the impact on Charter-protected interests was moderate, and society's interest in adjudicating serious firearms and drug offences strongly favoured admission.
The evidence was admitted and the convictions upheld.
Brown J. dissented, finding that admitting the evidence would bring the administration of justice into disrepute.
