The applicant brought a pretrial motion seeking to stay charges or exclude firearm evidence, alleging his Charter rights were violated during his arrest.
The court found that the arresting officer lacked reasonable and probable grounds to arrest the applicant and that racial profiling played a role in the decision.
Consequently, the applicant's ss. 8 and 10(a) Charter rights were violated.
Applying the Grant framework, the court concluded that admitting the firearm would bring the administration of justice into disrepute and excluded the evidence, though it found the applicant's police statement was voluntary.
