The accused was arrested at a condominium unit during the execution of a search warrant for stolen property.
Police found fentanyl, heroin, carfentanil, a handgun, and ammunition in the unit.
The accused brought a Charter application alleging arbitrary arrest, denial of right to counsel, and unreasonable strip search.
The court found breaches of ss. 9, 10(b), and 8 of the Charter, but declined to stay the proceedings or exclude the evidence under s. 24(2).
At trial, the court found the accused guilty of possessing the drugs for the purpose of trafficking based on constructive possession, but acquitted him of the firearm and breach of release order charges due to reasonable doubt.
