The accused was charged with possession for the purpose of trafficking.
He brought pre-trial Charter applications alleging violations of his s. 8 and s. 10(b) rights.
The court found the search of a co-accused's cellphone and the tele-warrant for the accused's residence were lawful under s. 8.
However, the court found a serious violation of the accused's s. 10(b) rights because police delayed implementing his right to counsel and elicited self-incriminating statements and assistance in locating drugs during the search.
Applying the Grant framework, the court excluded the statements and the drugs found at the residence under s. 24(2).
