Olivia Balanga

The accused was charged with assaulting a peace officer after fleeing from an arrest and placing the pursuing officer in a choke-hold.

Due to prior Charter breaches, the Crown conceded the officer was not in the lawful execution of his duty and sought a conviction for the lesser included offence of assault simpliciter.

The accused argued self-defence.

The court rejected the self-defence claim, finding the accused's response of punching and choking the officer was grossly disproportionate and unreasonable in the circumstances.

The accused was found guilty of assault.

In a pre-trial Charter ruling arising from a motel drug investigation, the court found that the accused were psychologically and arbitrarily detained during a hallway police encounter that escalated into separated questioning, CPIC checks, and pat-down searches.

The court held that ss. 8, 9, 10(a), and 10(b) of the Charter were breached, and that the accused retained standing to challenge the warrantless entry into the motel room notwithstanding their disavowal of the room during the unconstitutional detention.

Although the hallway statements were voluntary at common law, the pat-down searches and room entry were not constitutionally justified, and exigent circumstances did not apply.

Applying the Grant framework under s. 24(2), the court excluded the crack cocaine and related evidence because admission would bring the administration of justice into disrepute.