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No reversible Charter error justified excluding the firearm and drug evidence.
Criminal appeal from convictions for fentanyl trafficking, possession of property obtained by crime, and firearms offences arising from a street arrest after police surveillance.
The appellant argued that police breached the duty to hold off questioning at arrest and during a later station interview, and that the resulting evidence should have been excluded under ss. 10(b) and 24(2) of the Charter.
The Court of Appeal held that the arrest-scene questioning issue was not a live issue at trial, no additional s. 10(b) breach occurred before the interview, and the trial judge’s Grant analysis attracted deference.
The appeal was dismissed.
