The applicants were stopped for a traffic violation and subsequently investigated for a stolen vehicle.
The police arrested the driver for driving under suspension, detained the passenger, and searched the vehicle based on the smell of burnt marijuana and the presence of two roaches, locating a loaded handgun and drugs.
The court found multiple Charter breaches, including arbitrary detention, unreasonable search, and delay in providing rights to counsel, as the officers lacked reasonable grounds for the stolen vehicle investigation and the vehicle search.
The evidence was excluded under s. 24(2) of the Charter.
