The accused was charged with possession of methamphetamine for the purpose of trafficking after police responded to a 'check welfare' 911 call about a person slumped over a steering wheel in a parked car.
Police boxed in the vehicle, woke the accused, and searched her purse without consent, finding drugs.
The court found the detention was arbitrary and the search violated section 8 of the Charter, as there was no suspected criminal activity and the accused showed no signs of medical distress once awake.
Applying the Grant framework, the court excluded the drug evidence under section 24(2) of the Charter, resulting in an acquittal.
