The applicant, a Black man, was stopped by police for allegedly using a hand-held device while driving.
After smelling cannabis, the officers searched the applicant and his vehicle, discovering a loaded handgun and drugs.
The applicant brought a Charter motion alleging arbitrary detention and unreasonable search based on racial profiling.
The court found the initial traffic stop was lawful under the Highway Traffic Act and did not violate section 9.
However, the court concluded that the subsequent safety search was not objectively justified and was influenced by implicit racial bias, violating section 8.
Applying the Grant framework, the court excluded the firearm and drugs under section 24(2) of the Charter.
