The appellant was acquitted at trial of possession of marijuana for the purpose of trafficking after the trial judge excluded the drug evidence under s. 24(2) of the Charter, finding violations of ss. 8, 9, and 10(b).
The Court of Appeal set aside the acquittal and entered a conviction, concluding only s. 10(b) was violated and exclusion was unwarranted.
The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that the Court of Appeal impermissibly substituted its own findings of fact for those of the trial judge, who made no reviewable error in finding the cumulative Charter violations warranted exclusion of the evidence.
