The accused, Hal Clayton, was arrested for driving with a suspended license, leading to a vehicle search that uncovered controlled substances.
Clayton brought a Charter application alleging violations of his s. 8 (unlawful search) and s. 10(b) (right to counsel) rights.
The court found that the vehicle search was a pretextual search, not genuinely for a driver's license, and thus unlawful.
Additionally, the police violated the accused's right to counsel by delaying advisement of rights and by questioning him after he had requested a lawyer but before he had access to one.
Applying the Grant analysis, the court determined that the serious and cumulative nature of the Charter breaches by multiple officers outweighed society's interest in admitting the evidence.
Consequently, all evidence found during the search was excluded from the trial.