The court considered an application to exclude drug evidence on the basis of alleged breaches of sections 8, 9, and 10(b) of the Charter.
The applicant, Zachary Telford, was arrested for impaired operation after being found asleep in his vehicle, and subsequently charged with possession of fentanyl and other drugs.
The court found that there were reasonable and probable grounds for the arrest and that the subsequent searches and demands were lawful.
The only Charter breach identified was a 20-minute delay in facilitating access to duty counsel, which was found to be minor and not to justify exclusion of the evidence.
The application to exclude the evidence was dismissed.
