The appellant was seized by the throat by a police officer in a pub and found to be in possession of a balloon containing heroin.
The trial judge found the search unreasonable under s 8 of the Charter because the Crown failed to establish the officer's reasonable grounds, but admitted the evidence under s 24(2).
The Court of Appeal dismissed the appeal.
The Supreme Court of Canada allowed the appeal and ordered a new trial, holding that the admission of the evidence would bring the administration of justice into disrepute given the seriousness of the Charter violation and the lack of established grounds for the violent search.
