The accused was charged with firearm and drug offences after police stopped him on his bicycle and searched a bag he had handed to a bystander.
The police claimed they searched the bag and the accused because they smelled fresh marijuana.
The court found the officers' evidence regarding the smell of marijuana to be fabricated and untruthful.
Concluding that the warrantless searches violated the accused's s. 8 Charter rights, the court excluded the seized handgun and marijuana under s. 24(2) due to the egregious and bad faith conduct of the police.
