2 total
Drug trafficking charge dismissed after evidence was excluded due to an arbitrary detention disguised as a traffic stop.
The defendant was charged with possession of a controlled substance for the purpose of trafficking after police found approximately one kilogram of marijuana in his vehicle during a purported Highway Traffic Act stop.
The court found that the initial detention was unlawful as it was not conducted for road safety purposes but rather for investigative purposes related to suspected drug trafficking.
The officer had no grounds for an investigative detention.
The court excluded the evidence under sections 9 and 24(2) of the Charter and dismissed the charge.
International organization waived immunity by instigating Canadian criminal investigation.
Accused charged with bribery of foreign public officials sought production of investigative records from the World Bank’s Integrity Vice Presidency in support of a Garofoli challenge to wiretap authorizations.
The World Bank asserted immunity as an international organization and refused to produce additional materials.
The court held that by initiating and actively assisting the Canadian criminal investigation, the organization had impliedly waived immunity and must accept the procedural burdens of a criminal prosecution.
The applicants established likely relevance under the first stage of the O’Connor framework.
Production was ordered for certain investigative materials for judicial review.
