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.
