The accused brought Charter applications seeking exclusion of physical evidence and statements following a police investigation into a reported kidnapping.
Police had entered a residence after a 911 call and later attended a second location linked to a vehicle found at the scene, where the accused was arrested.
The accused argued that seizure and search of pants containing identification and items belonging to the complainant breached s.8 of the Charter, and that statements were obtained in breach of s.10(b).
The court held the seizure of the pants was a lawful search incident to arrest for the purpose of confirming identification and therefore did not violate s.8.
Although one post‑arrest question about identification breached s.10(b), the breach was minor and did not justify exclusion under s.24(2), and all statements were found voluntary.
