The accused was charged with possession of cocaine and hydromorphone for the purpose of trafficking and possession of proceeds of crime after a traffic stop led to his arrest on an outstanding warrant.
A subsequent search of his vehicle yielded significant quantities of drugs and cash.
The accused brought Charter applications alleging arbitrary detention, unreasonable search and seizure, and right to counsel violations.
The court found the investigative detention and search incident to arrest were lawful, but concluded the accused's section 10(b) rights were breached due to police failure to promptly inform him of his rights and facilitate contact with his counsel of choice.
Applying the Grant framework, the court declined to exclude the evidence under section 24(2).
The accused was found guilty on all counts.
