The applicant, Javoni Palma, facing a charge of possessing cocaine for the purpose of trafficking, brought three applications at the outset of his trial, alleging violations of his section 7 and section 9 Charter rights.
The applications sought exclusion of evidence or a stay of proceedings, based on claims of arbitrary detention, excessive force during arrest, and lost video evidence from seized iPhones.
The court dismissed all three applications, finding that the police had reasonable grounds for investigative detention, did not use excessive force, and that the alleged lost evidence was either irrelevant or not proven to have been tampered with by police.