The appellant appealed convictions for multiple firearm and drug-related offences, alleging errors by the trial judge regarding a s. 8 Charter application (warrantless cell phone tracking and search incident to arrest) and the admission of expert evidence on drug pricing and jargon.
The Court of Appeal dismissed the appeal.
The majority found the warrantless cell phone tracking justified by exigent circumstances and the expert evidence properly admitted.
While a concurring judge found the search incident to arrest unconstitutional due to a lack of objective grounds, the evidence was deemed admissible under s. 24(2) of the Charter, considering the seriousness of the charges and reliability of the evidence.
