The applicants, charged with drug trafficking and possession of proceeds of crime, sought to exclude evidence seized during the execution of a search warrant at a rural property, alleging violations of their s. 10(a) and (b) Charter rights.
The court found moderate and minor breaches of s. 10(a) and (b) due to a delay in transporting one applicant to the police detachment to contact counsel and a failure to promptly inform both applicants of additional charges.
However, the court found no breach of the duty to hold off eliciting evidence.
Applying the Grant framework, the court concluded that the breaches were not deliberate or systemic, had a minor impact on the applicants' Charter-protected interests, and society's interest favoured adjudication on the merits.
The application to exclude the evidence under s. 24(2) was dismissed.
