The applicant, charged with firearm and drug offences, brought a Charter application seeking the exclusion of evidence under s. 24(2).
He argued that his rights under ss. 8, 9, and 10(b) were violated during a high-risk police takedown where he was detained, searched, and his satchel was found to contain a loaded handgun and drugs.
The court found that the police had reasonable grounds for an investigative detention and that the search of the satchel was a lawful search incident to that detention due to safety concerns.
The court also held that the brief delay in providing rights to counsel was justified by the need to secure the scene.
The application was dismissed.