The accused applied under ss. 8, 9, and 24(2) of the Charter to exclude cocaine and cash seized from her purse following an arrest for suspected drug-impaired driving after a motor vehicle collision.
Police arrested the accused based on observations of lethargy, erratic driving, and witness accounts but without evidence of alcohol or drug use.
The court held that the officer had only a suspicion or hunch rather than reasonable and probable grounds, rendering the arrest arbitrary and the subsequent search unlawful.
The warrantless search of the purse could not be justified as incidental to arrest.
Applying the framework from R. v. Grant, the court excluded the seized drugs and cash and entered acquittals.
