On a pre-trial Charter motion arising from a firearm arrest in a parking lot, the applicant alleged racial profiling, unlawful investigative detention, unlawful search, and breaches of the right to counsel.
The court found that racial profiling played a role in the officer’s detention decision, rendering the detention contrary to s. 9 and the satchel search contrary to s. 8, while finding no s. 10(a) breach and a qualified s. 10(b) breach.
Applying the Grant framework, the court held the Charter-infringing conduct was serious, had a serious impact on the accused’s protected interests, and required exclusion of the firearm and ammunition evidence despite society’s interest in adjudication on the merits.
With the Crown electing to call no evidence, the charges were dismissed.
