The appellant was stopped and searched at a border crossing by customs officials acting on a tip from the RCMP that he was attempting to import narcotics.
He was directed to an interview room, frisked, and arrested after cocaine was found on his person, but was not informed of his right to counsel until after the initial search and arrest.
The Supreme Court of Canada held that the appellant was detained within the meaning of s. 10(b) of the Charter when he was ushered into the interview room and his right to counsel was violated.
However, applying the Collins framework, the Court concluded that the evidence of the narcotics should not be excluded under s. 24(2) because it was real evidence, the officers acted in good faith relying on a prior appellate decision, and the admission of the evidence would not bring the administration of justice into disrepute.
The appeal was dismissed.
