The defendant was charged with possession of cocaine for the purpose of trafficking following a police response to a stabbing report at an apartment building.
Police detained the defendant in an elevator with the suspect and conducted a search, seizing cocaine and cash.
The defendant challenged the search on Charter grounds, alleging violations of sections 8, 9, and 10.
While the court found the Crown proved guilt beyond a reasonable doubt based on the quantity of cocaine, the large amount of cash, and expert evidence regarding trafficking indicators, the court excluded the evidence due to an unreasonable search in violation of section 8 rights.
The charge was dismissed.
