Hedieh Kashani

The appellant appealed his convictions for firearms offences arising from a traffic stop.

He argued the stop and subsequent search were the result of racial profiling, violating his Charter rights, and that the trial judge erred in admitting the firearm under s. 24(2) despite finding a s. 10(b) breach.

The Court of Appeal upheld the trial judge's findings that the stop was based on driving behaviour, not racial profiling, and that the subsequent investigative steps were lawfully based on observations made during the stop.

The court found no error in the trial judge's Grant analysis and dismissed the appeal.

In a prosecution for first-degree murder and attempted murder, the accused brought pre-trial motions challenging the search warrants for a residence and cell phones under s. 8 of the Charter, seeking exclusion of evidence under s. 24(2).

The Crown brought a motion to adduce extrinsic misconduct evidence, including rap lyrics and videos of firearms found on the accused's phones.

The court dismissed the accused's Charter motions, finding the ITOs sufficient and admitting the evidence despite technical breaches regarding the timing of Reports to Justice.

The court partially granted the Crown's motion, admitting the rap lyrics and firearm videos as highly probative of animus and means, while excluding certain photographs due to prejudicial effect.

The accused, a young Black man, was stopped by police while driving and subsequently subjected to a pat-down search, arrest, and strip search, leading to the discovery of a loaded handgun and drugs.

The accused brought Charter applications alleging racial profiling and arbitrary detention.

The court found that the traffic stop was a pretext for a drug investigation and that racial profiling played a significant role in the suspect selection, rendering the detention and subsequent searches unlawful.

Finding multiple breaches of sections 7, 8, 9, 10(a), 10(b), and 15 of the Charter, the court excluded the evidence under section 24(2) and entered acquittals on all counts.