The defendant, Tang Hien Quanh, brought a pre-trial Charter application seeking to exclude evidence obtained from his arrest and subsequent searches of his person and a Toyota RAV4.
The defendant argued violations of his s. 9 (arbitrary detention) and s. 8 (unreasonable search and seizure) Charter rights.
The court found no s. 9 or s. 8 Charter breaches, concluding that the arresting officer had reasonable and probable grounds for arrest and that the searches were lawful, including the RAV4 search conducted under a valid warrant.
Even if breaches occurred, the court determined that the evidence should not be excluded under s. 24(2) of the Charter, balancing the seriousness of state conduct, the impact on the defendant's rights, and society's interest in adjudication on the merits.
