This case involved a criminal trial and Charter application where the accused, Omar Houssein-Hassan, challenged police conduct during an investigation into drug trafficking and possession of proceeds of crime.
The court found that police breached the accused's Charter rights under section 8 (unreasonable search) and section 10(b) (right to counsel).
Specifically, the search of a hidden compartment in the vehicle exceeded the permissible scope under the Cannabis Control Act, and there was an unjustified delay in informing the accused of his right to counsel upon arrest.
Applying the R. v. Grant framework, the court excluded the illegally obtained drug evidence under section 24(2) of the Charter.
As the Crown could not prove the possession of illegal drugs without the excluded evidence, both charges against the accused were dismissed.
