The accused was charged with possessing a loaded handgun found during a police search of a vehicle parked at a motel.
The accused brought a Charter application alleging violations of his rights under ss. 8, 9, and 10(a) and (b).
The court found that the police arbitrarily detained the accused by parking their cruiser in a manner that psychologically prevented the vehicle from leaving, violating s. 9.
However, the court found no violations of ss. 8 or 10, as the subsequent search was justified under the Cannabis Control Act after officers smelled marijuana, and delays in providing rights to counsel were justified by officer safety.
Applying the Grant test under s. 24(2), the court declined to exclude the handgun, finding the s. 9 breach was technical and the admission of the evidence would not bring the administration of justice into disrepute.
The accused was found guilty.