The accused brought a Charter application seeking exclusion of physical evidence and statements obtained following a vehicle stop.
Police stopped the accused based on an alleged smell of marihuana and subsequently searched the vehicle, discovering a loaded handgun.
The court found the officer’s evidence regarding the odour of marihuana not credible and concluded that the detention, arrest, and search lacked lawful foundation.
Multiple breaches of sections 7, 8, 9, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms were established, including failure to provide timely access to counsel and continued questioning after the accused requested a lawyer.
Applying the framework from Grant and related jurisprudence, the court held the breaches were serious and admission of the evidence would bring the administration of justice into disrepute.
The evidence and statements were excluded under s. 24(2).