The three accused were charged with possession of cocaine for the purpose of trafficking.
The police entered an apartment, detained the accused, and later arrested them, seizing crack and powder cocaine.
The accused brought Charter applications alleging arbitrary detention, failure to inform of reasons for arrest, and denial of the right to counsel.
During the trial, it was revealed that an arresting officer falsely attributed a chunk of crack cocaine to one of the accused and gave false testimony.
The court found this constituted an abuse of process and stayed the proceedings against that accused.
For the other two accused, the court found their s. 10(b) rights were violated due to unreasonable delays in facilitating access to counsel.
Applying the Grant framework, the court excluded the drug evidence under s. 24(2) of the Charter and acquitted the remaining two accused.
