The accused brought a Charter motion arguing that his arrest for murder was unlawful because police lacked reasonable and probable grounds.
He sought exclusion of evidence obtained incident to arrest under s. 24(2) of the Canadian Charter of Rights and Freedoms.
The court reviewed the information available to police at the time, including reports from family members, alarming text messages, and investigative steps linking the accused to the missing person.
Applying the principles governing lawful arrest and the threshold of reasonable and probable grounds, the court held that the officers acted reasonably and in good faith in rapidly evolving circumstances.
The court concluded that the grounds for arrest met the legal standard and that the evidence obtained incident to arrest was admissible.
