The defendant was charged with possession of marijuana and possession of oxycodone following a vehicle stop on March 13, 2011.
The defendant raised Charter arguments regarding the legality of the stop, detention, and search.
The court found no breach of section 9 (arbitrary detention), section 10(a) (right to be informed of reason for detention), or section 10(b) (right to counsel).
On the central issue of section 8 (unreasonable search and seizure), the court found that even accepting the defendant's version of events, reasonable grounds existed to believe marijuana was present in the vehicle and exigent circumstances justified a warrantless search under section 11(7) of the Controlled Drugs and Substances Act.
The defendant was found guilty of possession of marijuana but not guilty of possession of oxycodone due to lack of knowledge.
