The accused was charged with possession of cocaine for the purpose of trafficking.
Police officers attended a known problem house to check on tenants and observed the accused flee into a bathroom upon seeing them.
The officers detained the accused and conducted a pat-down search, finding crack cocaine in his pocket.
The accused brought a Charter application to exclude the evidence, alleging breaches of ss. 8, 9, 10(a), and 10(b).
The court found the investigative detention was lawful but the search violated s. 8 based on recent Supreme Court jurisprudence.
However, applying the Grant framework, the court admitted the evidence under s. 24(2) because the officers acted in good faith according to the law as it was understood at the time.