The accused were passengers in a vehicle stopped for a traffic violation.
During the stop, police observed a cannabis grinder and suspected a firearm was under the passenger seat, leading to a search that uncovered two loaded handguns.
The accused brought a Charter motion arguing violations of their ss. 7, 8, 10(a), and 10(b) rights, including complaints about police muting their body-worn cameras and delays in providing the right to counsel.
The court found a breach of s. 10(b) due to delays in the informational and implementational components of the right to counsel, but dismissed the other Charter claims.
Applying the Grant framework, the court concluded that the firearms should not be excluded under s. 24(2), as the evidence was highly reliable, the offences were serious, and exclusion would damage public confidence in the administration of justice.
