The accused was charged with assaulting a security guard with intent to resist arrest and possessing hydromorphone, morphine, and marijuana for the purpose of trafficking.
Security guards employed by a private contractor observed the accused and a companion acting suspiciously in a Toronto Parking Authority parking lot and conducted an investigation.
The accused claimed the security guards planted the drugs and breached his Charter rights.
The court found that the Charter does not apply to private security guards, even when employed by a public entity.
The court rejected the accused's credibility regarding both the drug possession and the assault, finding him guilty on all counts.