The defendants applied to exclude evidence (a gun and their clothing) obtained following their detention and arrest, alleging breaches of their Charter rights under ss. 8, 9, 10(a), and 10(b).
The court found the initial investigative detention lawful, but identified breaches of s. 10(b) due to the police's failure to promptly advise of the right to counsel upon detention and for subsequent delays in facilitating access to counsel at the police station.
However, the court found no s. 8 breach regarding the gun seizure, concluding the accused had no privacy expectation, had abandoned the gun, and the search was conducted with valid consent.
Applying the s. 24(2) Grant test, the court weighed the moderate seriousness of the Charter breaches against their minimal impact on the accused's rights and society's strong interest in adjudicating serious armed robbery cases on their merits.
The application to exclude the evidence was dismissed, and all evidence was found admissible.
