The appellant appealed his conviction, arguing that his arrest was unlawful and the drugs seized should be excluded.
The Court of Appeal dismissed the appeal, finding that even if the initial arrest was unlawful, the police were justified in conducting an investigative detention and protective pat-down search.
This search would have inevitably led to the discovery of a digital scale and a soft bulge, which, combined with the appellant's prior record, would have provided reasonable grounds for a lawful arrest and search.
The impact on the appellant's Charter rights was minimal, and the evidence was admissible.
