A young person was charged with 16 firearms and drug-related offences following a high-risk police takedown in a Toronto parking garage.
The accused challenged the lawfulness of his arrest and the searches conducted on Charter grounds.
The Crown conceded that the arrest was unlawful and violated the accused's section 8 and 9 Charter rights.
The court found that while the police lacked reasonable grounds to arrest, they would have had authority to conduct an investigative detention based on bullet holes discovered in the vehicle.
Applying the section 24(2) analysis, the court admitted the evidence, finding that while the Charter violations were serious, the impact on the accused was mitigated by the availability of investigative detention powers, and society's interest in adjudication on the merits favoured admission.
However, the court found the Crown failed to prove most charges beyond a reasonable doubt, convicting only on one count each under sections 91(1), 92(1), 94(2), and 95(1) of the Criminal Code relating to the firearm found on the accused's person.
