A young person was charged with possession of MDMA for the purpose of trafficking after police officers discovered drugs during a search conducted under the guise of a Liquor Licence Act investigation.
The accused was initially observed holding a beer bottle and was 14 years old.
During a pat-down search ostensibly for additional alcohol, officers discovered the drugs in the accused's jacket pocket.
The court found that the search was not authorized by law and constituted an unreasonable search in violation of section 8 of the Charter.
The court excluded all evidence obtained during the search under section 24(2) of the Charter, finding that admission would bring the administration of justice into disrepute.
