The accused was charged with possession of cannabis for the purpose of trafficking after police discovered 85.6 kilograms in the rear compartment of a pickup truck during a highway stop.
The defence sought exclusion of the evidence under ss. 8 and 9 of the Charter, arguing the vehicle stop and subsequent search were unconstitutional.
The court found the officer’s explanation for the stop not credible and determined the stop was a pretext unrelated to road safety, amounting to arbitrary detention.
The warrantless search of the vehicle flowed directly from that unlawful detention and constituted an unreasonable search.
Applying s. 24(2) of the Charter, the court excluded the cannabis evidence and acquitted the accused.
