C. Vanden Broek

The applicant brought a pretrial motion seeking to stay charges or exclude firearm evidence, alleging his Charter rights were violated during his arrest.

The court found that the arresting officer lacked reasonable and probable grounds to arrest the applicant and that racial profiling played a role in the decision.

Consequently, the applicant's ss. 8 and 10(a) Charter rights were violated.

Applying the Grant framework, the court concluded that admitting the firearm would bring the administration of justice into disrepute and excluded the evidence, though it found the applicant's police statement was voluntary.

The applicant, who had been granted bail twice but was unable to secure a surety, sought a bail review under s. 525 of the Criminal Code to be released without a surety.

The court considered the applicant's poverty, addiction issues, and the anticipated delay before trial.

Applying the principles from R. v. Myers and R. v. Zora, the court found that the certain cost to the applicant's liberty outweighed the hypothetical risks on the primary and secondary grounds.

The court ordered the applicant's release on his own recognizance without a surety, subject to conditions including reporting to police and seeking addictions counselling.