Two accused were charged with possession of diacetylmorphine, cocaine, and fentanyl for the purpose of trafficking following a traffic stop by York Regional Police.
The Crown alleged the drugs were seized during a lawful traffic stop and search incident to arrest.
Both accused challenged the legality of the stop under section 9 of the Charter and the adequacy of rights to counsel information under section 10(b).
The court found the traffic stop was arbitrary and pretextual, conducted ostensibly for Highway Traffic Act purposes but actually motivated by bail compliance concerns without reasonable suspicion.
The court also found a section 10(b) breach regarding the information provided about rights to counsel.
Applying the section 24(2) test, the court excluded all drug evidence and acquitted both accused.
