The appellant was arrested by police who mistakenly believed he was his brother, the target of a search warrant.
Upon arrest, police found a loaded handgun and crack cocaine in his possession.
The trial judge found the arrest lawful and admitted the evidence, convicting the appellant.
On appeal, the Court of Appeal unanimously found that the police lacked objectively reasonable grounds to arrest the appellant, rendering the arrest and subsequent search unlawful under ss. 8 and 9 of the Charter.
The majority held that the Charter breaches were serious and their impact on the appellant's rights was significant, outweighing the public interest in adjudicating the case on its merits.
The evidence was excluded under s. 24(2) of the Charter, and acquittals were substituted.
