The accused was charged with firearms and drug offences after police responded to a report of a man pointing a handgun.
An officer spotted the accused, who matched the description, running near the scene.
After a foot pursuit and struggle, the accused was arrested and searched, revealing cocaine, a digital scale, and cash.
The accused applied to exclude the evidence and his subsequent statements under s. 24(2) of the Charter, alleging breaches of his s. 8 and s. 9 rights.
The court dismissed the application, finding the police had reasonable and probable grounds to arrest and search the accused incident to arrest.
Alternatively, the court held the evidence would be admissible under the Grant framework even if a breach had occurred.
