Taeyeoun Kim

The defendant brought a Charter application to exclude a loaded prohibited firearm and ammunition from trial, alleging breaches of sections 7, 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms.

The defendant challenged the lawfulness of a traffic stop, arrest, and vehicle search conducted by Constable Corona of the Peel Regional Police.

The court found that the initial detention was arbitrary, the arrest was unlawful, the search was unreasonable, and the defendant's right to counsel was violated.

The court excluded the firearm evidence under section 24(2) of the Charter, finding that all three Grant factors favored exclusion.

The defendant brought an application for disclosure of statements, witness accounts, and video evidence relating to a public complaint of unlawful detention and excessive use of force filed against the main prosecution witness, Constable Darrell Corona, arising from an unrelated incident occurring two months after the defendant's alleged offence.

The defendant sought this material to demonstrate a pattern of police misconduct, to cross-examine the officer, and to support a Charter application.

The Crown and police opposed the application, arguing the material constituted third-party records subject to privacy protections and that no proper third-party disclosure application had been filed.

The court dismissed the application, finding that the Crown had satisfied its first-party disclosure obligations by providing the charges, a summary, and the hearing date, and that the investigative materials sought fell outside the scope of mandatory first-party disclosure.