The accused was charged with possession for the purpose of trafficking and breaches following his arrest on June 14, 2006.
The court conducted a blended voir dire and trial to determine whether the arrest was lawful and whether evidence obtained from a search incident to arrest should be excluded under s. 24(2) of the Charter.
The accused moved to exclude evidence based on alleged breaches of s. 7, 8, and 9 of the Charter.
The court found that the arrest was unlawful and the detention arbitrary, as the officer lacked reasonable and probable grounds based on an unreliable confidential informant tip and minimal corroborating observations.
The court excluded the evidence seized, finding that admission would bring the administration of justice into disrepute.
