The accused brought a Charter application to exclude evidence seized during a traffic stop and subsequent search, alleging arbitrary detention, unlawful search, and racial profiling.
The court found that the police lacked statutory authority under the Highway Traffic Act and reasonable suspicion for investigative detention, rendering the initial detention unlawful.
Furthermore, the court determined that racial stereotypes about Black criminality and dangerousness tainted the police's treatment of the accused throughout the interaction, leading to breaches of his ss. 9, 10(a), and 10(b) Charter rights.
Applying the R. v. Grant test, the court concluded that the seriousness of the Charter-infringing state conduct, particularly the racial profiling, and the severe impact on the accused's Charter-protected interests, warranted the exclusion of all seized evidence under s. 24(2) of the Charter.
