The accused brought Charter applications challenging the lawfulness of his detention and the admissibility of evidence obtained during a police investigation.
Police officers approached the accused's vehicle parked on school grounds late at night, ostensibly to conduct a sobriety check and enforce trespass laws.
During the encounter, officers detected cannabis and observed cash in the vehicle.
They searched the vehicle under the Cannabis Control Act and discovered fentanyl in the centre console.
The accused was arrested and subsequently provided a videotaped statement to police.
The court found that while the initial detention was lawful, the police violated the accused's Charter rights under sections 10(a) and 10(b) by failing to inform him of the reasons for his detention and his right to counsel.
The court excluded both the fentanyl and the videotaped statement from evidence under section 24(2) of the Charter, finding that admission would bring the administration of justice into disrepute due to systemic Charter breaches by the Peel Regional Police.