The accused brought a pre-trial application to exclude evidence of a loaded handgun and drugs found in his vehicle, alleging violations of his rights under ss. 8, 9, 10(a), and 10(b) of the Charter.
The police had observed the accused engage in a suspected hand-to-hand drug transaction in a parking lot and subsequently blocked his vehicle to investigate.
The court found that the detention was based on reasonable suspicion and not arbitrary, but the police violated ss. 10(a) and 10(b) by failing to promptly advise the accused of the reasons for his detention and his right to counsel.
The subsequent search of the vehicle was found to be a lawful search incident to arrest.
Applying the s. 24(2) framework, the court admitted the physical evidence (firearm and drugs) due to its high reliability and importance to the truth-seeking function, but excluded a brief statement made by the accused prior to being advised of his rights.
