The accused applied for a stay or exclusion of evidence under ss. 8 and 24(2) of the Charter after police discovered cocaine and cash during a vehicle stop.
The defence argued the traffic stop was a pretextual ruse based on a hunch about drug activity.
The court held that the officer had lawful authority under s. 216(1) of the Highway Traffic Act to stop the vehicle to verify licensing and investigate suspicious circumstances.
Drugs became visible when the accused exited the vehicle, providing reasonable grounds for arrest and a search incident to arrest.
The court also found the subsequent strip search at the station reasonable under the principles set out in Golden.
