The accused was charged with possession of crack cocaine for the purpose of trafficking after drugs were discovered during a strip search incident to arrest.
The accused brought a Charter application alleging breaches of his rights under ss. 8 and 9.
The court found that the police lacked reasonable grounds for the warrantless arrest, relying on uncorroborated confidential informant information, violating s. 9.
Furthermore, the strip search violated s. 8 as it lacked sufficient grounds and was conducted in a highly unreasonable and degrading manner, leaving the accused fully naked for 15 minutes.
Applying the Grant framework, the court excluded the evidence under s. 24(2) and dismissed the charge.
