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Evidence excluded after arbitrary detention and unlawful vehicle search following passenger's arrest.
The applicant sought to exclude evidence of drugs and cash found during a warrantless search of his vehicle following a high-risk takedown of his passenger, who was wanted on violent warrants.
The court found that while the initial containment of the vehicle to arrest the passenger was lawful, the continued detention of the applicant and the subsequent search of his satchels breached his ss. 8 and 9 Charter rights.
The court held that the police lacked reasonable suspicion to detain the applicant for flight from police or to conduct a safety search of the vehicle after a pat-down revealed no weapons.
The evidence was excluded under s. 24(2) of the Charter.
The court dismissed the applicant's bail review, finding the proposed release plan insufficient to mitigate secondary ground concerns.
The applicant sought a bail review under s. 520 of the Criminal Code after being detained on secondary grounds.
The court found a material change in circumstances due to charge withdrawals/amendments and new disclosure, allowing a fresh consideration of bail.
However, the proposed new release plan, including a new surety, was deemed insufficient to mitigate the substantial likelihood of re-offending, given the seriousness and repetition of the charges, the applicant's history of non-compliance with release orders, and the surety's lack of insight and inadequate supervision plan.
The court also noted an error by the original Justice of the Peace in failing to consider the tertiary ground, but ultimately dismissed the bail review application, affirming continued detention on secondary grounds.
