The accused was charged with possession of crack cocaine for the purpose of trafficking after police approached his parked vehicle for a wellness check.
After determining there were no health or safety concerns, the police demanded the accused's driver's licence, ran checks, and subsequently arrested and searched him and the vehicle, finding crack cocaine.
The accused brought an application to exclude the evidence under section 24(2) of the Charter, alleging violations of his section 8 and 9 rights.
The Superior Court of Justice found that the detention was arbitrary and the subsequent searches were unlawful, characterizing the police conduct as a flagrant and deliberate disregard for Charter rights.
The application was granted and the crack cocaine was excluded from evidence.
