The appellant was convicted of credit card fraud-related offences after police found skimming equipment, encoded gift cards, and a USB key during a traffic stop and subsequent searches.
He appealed his convictions, arguing that the searches of his person, vehicle, and USB key violated his s. 8 Charter rights and the evidence should be excluded under s. 24(2).
The Court of Appeal upheld the trial judge's findings that the pat-down search was lawful, and while the vehicle and USB key searches breached s. 8, the evidence was properly admitted under s. 24(2).
The court also affirmed that a conviction for possessing credit card data under s. 342(3) does not require proof that the data could successfully defraud an issuer.
The conviction and sentence appeals were dismissed.
