The appellant was driving a rented vehicle from Vancouver to Toronto when he was stopped by a police officer without reasonable grounds.
The officer discovered the appellant's license was suspended, arrested him, and searched the vehicle, finding 77 pounds of cocaine.
The trial judge found the officer's conduct violated ss. 8 and 9 of the Charter and described the breaches as flagrant, but admitted the evidence under s. 24(2) due to the seriousness of the offence and the reliability of the evidence.
The Court of Appeal upheld the conviction, finding the trial judge's decision to admit the evidence was reasonable and entitled to deference.