The accused brought a pretrial motion to exclude evidence of crack cocaine found on his person during a traffic stop, alleging breaches of his ss. 8 and 9 Charter rights.
The police claimed they stopped the vehicle for a traffic infraction and searched the accused for safety reasons after smelling burnt marijuana.
The court rejected the officers' evidence, finding the traffic stop was a pretext and the search was highly intrusive and conducted for drugs, not safety.
The court found serious breaches of ss. 8 and 9 of the Charter and excluded the evidence under s. 24(2), noting the officers' disregard for the accused's constitutionally protected rights.
