The accused was charged with operating a motor vehicle while impaired by a drug (marijuana/cannabis) in Halton Hills on March 20, 2015.
The accused brought a Charter application alleging the police stop violated his s. 9 rights through racial profiling.
The trial judge found the accused's allegations of racial profiling to be baseless and lacking credibility.
The police officer's observations of erratic driving (vehicle swaying within lane and crossing centre line three times) provided reasonable grounds for the stop.
Following the stop, an outstanding warrant was discovered, leading to arrest.
Subsequent observations by the drug recognition expert, including dilated pupils, balance issues, and poor performance on sobriety tests, combined with the accused's admission of marijuana use that evening, established impairment.
The court found the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired by marijuana.
