The accused challenged the admissibility of crack cocaine, marijuana, and cash seized during a roadside search following a vehicle stop based entirely on anonymous and confidential source information.
The court held the police lacked reasonable grounds to suspect the occupants were connected to a particular recent or ongoing crime, finding the tips vague, stale, uncorroborated, and unsupported by proper note-taking.
Applying the Waterfield, Debot, and Grant frameworks, the court found breaches of ss. 9 and 8 of the Charter and concluded the subsequent search and strip search flowed from an unlawful detention.
The seized evidence was excluded under s. 24(2), and the court found it unnecessary to address the requested stay relating to the strip search.
