The accused, Rene Hamouth, faced charges of possessing firearms without a license.
Police executed a search warrant at his residence, finding multiple firearms and ammunition.
The defence argued for the exclusion of evidence under Charter s. 24(2) due to alleged s. 10(b) infringements, including delayed access to counsel and breaches of the "hold-off" duty.
The court found multiple s. 10(b) breaches by the police, citing lack of diligence in facilitating counsel access and improper questioning.
However, applying the Grant test, the court determined that the seriousness of the violations and their impact on the accused's Charter rights did not outweigh society's interest in a trial on the merits, especially given the lawful seizure of reliable evidence prior to the breaches.
Consequently, the firearms and ammunition were admitted.
The court then found the accused guilty on all counts, concluding that the prosecution proved constructive possession beyond a reasonable doubt.