The Crown appealed the respondent's acquittal on charges under the Customs Act and Explosives Act.
The respondent, a domestic traveler, was stopped at a mixed-traffic corridor border crossing, where a search of his vehicle revealed undeclared firecrackers.
The trial judge excluded the evidence under s. 24(2) of the Charter, finding breaches of ss. 8, 9, and 10.
On appeal, the Superior Court found the trial judge erred in law by concluding that s. 99(1)(f) of the Customs Act did not apply to domestic travelers.
However, the court upheld the acquittal, finding that despite the trial judge's inadequate reasons, the record did not establish that the border services officer had reasonable grounds to suspect a contravention of the Act.
