The appellants were acquitted at trial on charges of unlawful possession of tobacco after the trial judge found that a random vehicle stop violated s. 9 of the Charter and excluded the evidence.
The New Brunswick Court of Appeal set aside the acquittals.
On appeal to the Supreme Court of Canada, the Court allowed the appeal and restored the acquittals, holding that the trial judge made proper findings of fact and committed no error in applying the governing principles of law.
