The accused was arrested following a nightclub shooting and placed in a dry cell for approximately two hours before police collected gunshot residue samples from his hands.
He was not provided an opportunity to contact legal counsel until after the samples were taken.
The accused brought a Charter application arguing his s. 10(b) rights were violated.
The court found that the police failed to facilitate the accused's right to counsel at the earliest practicable opportunity and that the delay was unreasonable.
Applying the Grant framework, the court concluded that admitting the gunshot residue evidence would bring the administration of justice into disrepute and excluded the evidence under s. 24(2) of the Charter.
