The Crown appealed from the respondents' acquittals, which followed the trial judge's finding of a Charter violation and exclusion of marijuana evidence under s. 24(2).
The trial judge rejected the police officer's evidence that the discovery of the marijuana and seizure of toy guns were simultaneous, and found the continuation of the search after confirming the guns were toys was inappropriate.
The Court of Appeal dismissed the appeal, finding no basis to interfere with the trial judge's credibility findings, standing determinations, or s. 24(2) analysis, which are entitled to substantial deference.
