The appellant was convicted of firearm and drug offences after police found him in the backyard of a townhouse while responding to a 911 call.
The police placed him under investigative detention for trespassing and, after observing suspicious movements indicating he might be armed, conducted a safety search that revealed a loaded handgun and drugs.
On appeal, the appellant argued the safety search was unlawful and the evidence should have been excluded under s. 24(2) of the Charter.
The Court of Appeal dismissed the appeal, finding the safety search was justified by a reasonable belief that officer safety was at stake, and upholding the trial judge's decision to admit the evidence despite minor s. 10 Charter breaches.
