J. Sickinger

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).

The applicant, previously convicted of child luring, brought an application for a stay of proceedings, arguing that the undercover police officer's actions during an internet sting operation amounted to entrapment.

The applicant contended the officer lacked reasonable suspicion and engaged in random virtue testing when responding to a Craigslist ad.

The court dismissed the application, finding the officer had abundant objectively reasonable grounds to suspect the applicant was a predator based on the ad's contents and the unfolding conversation.

The court held that the police conduct did not constitute random virtue testing and was a bona fide inquiry.

The Crown brought a voluntariness application to admit the accused's videotaped statement to police, while the accused brought a Charter application seeking to exclude evidence obtained during a search of his home and computer, alleging breaches of ss. 8, 9, and 10(b).

The accused was charged with child luring after communicating online with an undercover officer posing as a 14-year-old girl.

The court found the videotaped statement was voluntary and admissible.

While the court found a s. 8 breach regarding the obtaining of subscriber information and a s. 10(b breach regarding pre-caution statements, it admitted the evidence under s. 24(2) of the Charter, finding the police acted in good faith and the evidence was highly reliable and crucial to the prosecution.