The accused, Jeremy Brown, brought a Charter application to exclude a firearm found during his detention, alleging breaches of sections 8, 9, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms.
The Crown conceded a 10(a) breach but argued no other breaches occurred and that the evidence should be admitted under section 24(2).
The court found no breach of section 8 or 10(b), and despite the conceded 10(a) breach, determined that the evidence should not be excluded under section 24(2) due to the seriousness of the charges, the reliability of the evidence, and the exigent circumstances faced by the police.
The Charter application was dismissed.
