The accused was charged with three offences: possession of cannabis marijuana not exceeding 30 grams contrary to the Controlled Drugs and Substances Act, wilfully obstructing a police officer by providing a false name, and breaching an undertaking by entering a restricted area.
The central issue was whether the accused's Charter rights under sections 8, 9, 10(a), and 10(b) were violated during police questioning and search.
The court found that the accused was unlawfully detained without being informed of his right to counsel, and that the detention and subsequent searches violated his Charter rights.
The marijuana evidence was excluded under section 24(2) of the Charter.
The accused was found guilty of obstruct police and breach of undertaking, but acquitted of marijuana possession.
