The applicant, charged with possession of a firearm, brought a Charter application to exclude the firearm under section 24(2).
The applicant was accosted by three uniformed police officers outside a strip club in Brampton and a firearm was discovered in his satchel.
The applicant argued violations of sections 8 and 9 of the Charter (unreasonable search and arbitrary detention).
The court found that the police officers lacked reasonable grounds for arrest or search, that their observations were implausible given the extremely limited time available (5-10 seconds), and that their stated grounds were generic and could apply to innocent persons.
The court concluded the officers fabricated grounds ex post facto and engaged in a pattern of indiscriminate searches.
The firearm was excluded under section 24(2) due to the seriousness of the Charter violations, the deliberate and planned nature of the misconduct, false police testimony, and the impact on the applicant's Charter-protected interests.
