The accused was charged with drug trafficking after a police officer found cocaine in his rental vehicle following a traffic stop.
The accused brought a Charter application to exclude the evidence, alleging breaches of his rights under sections 8 and 9.
The court found that the initial traffic stop was a pretext for a criminal investigation and not a valid stop under the Highway Traffic Act, resulting in an arbitrary detention.
The court also found that the officer's demands for the rental agreement and questions about the accused's travel itinerary constituted unreasonable searches and seizures.
Furthermore, the officer lacked reasonable and probable grounds to arrest the accused.
Applying the Grant framework, the court concluded that the multiple serious Charter breaches warranted the exclusion of the drugs under section 24(2).
