The applicant brought an application under s. 24(2) of the Charter to exclude evidence (methamphetamine and heroin) seized from his vehicle during a traffic stop.
The court found that the police used the Highway Traffic Act as a pretext to conduct a drug investigation, resulting in an arbitrary detention under s. 9.
This led to further breaches of the applicant's rights under s. 10(a), s. 10(b), and s. 8, as the subsequent search of the vehicle was unlawful and not a valid search incident to arrest.
Applying the Grant framework, the court concluded that the Charter breaches were serious and had a profound impact on the applicant's rights, warranting the exclusion of the evidence.
