The appellant appealed a conviction for possession of cocaine for the purpose of trafficking arising from a street-level police encounter initiated on mere suspicion.
The court held that the police unlawfully detained the appellant, used immigration questioning as a pretext to create grounds for arrest, and then conducted an illegal search incident to that arrest.
The court found breaches of ss. 8, 9 and 10(b) of the Charter and concluded that the seized crack cocaine would not have been obtained absent those violations.
The evidence was excluded under s. 24(2), the conviction was quashed, and an acquittal was entered.
