The accused brought a Charter application under s. 24(2) seeking exclusion of a handgun discovered during a traffic stop, alleging breaches of ss. 8, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms.
Police had stopped the vehicle for a defective tail light, discovered a hunting knife in the door compartment, and conducted a safety-focused scan of the vehicle interior that revealed a loaded handgun beside the driver’s seat.
The court held the officer was entitled to conduct a limited safety search of the vehicle in the context of an investigative detention following discovery of the knife.
Even if the search had been unreasonable, the Grant factors favoured admission of the handgun evidence.
The Charter application was dismissed.
