The accused was a passenger in a vehicle stopped by police.
After observing cannabis in the vehicle, officers detained the accused, who provided a false name.
The officers prolonged the detention to ascertain his identity and lifted his shirt to reveal identifying tattoos, leading to his arrest for breaching a release order and the discovery of cocaine.
The accused brought a Charter application alleging breaches of ss. 8, 9, 10(a), and 10(b).
The court found breaches of ss. 8, 10(a), and 10(b), but concluded under s. 24(2) that the evidence should not be excluded because the accused's obstructive conduct mitigated the seriousness of the breaches.
