Police responded to a domestic disturbance call and arrested the accused for mischief after observing the complainant’s property scattered below her apartment balcony.
During a search incident to arrest, officers discovered cocaine, fentanyl, and drug paraphernalia on the accused.
The accused alleged multiple Charter breaches relating to the arrest, strip search, and delay in access to counsel.
The court held the arrest and searches were lawful and that any delay in implementing the right to counsel was justified by officer and public safety concerns, particularly the risk posed by fentanyl.
The application to exclude the drug evidence under s. 24(2) was dismissed, and the accused was convicted of possession of fentanyl and cocaine for the purpose of trafficking.
