Mr. Alawi

In a blended Charter voir dire and criminal trial, the accused challenged the admissibility of fentanyl evidence and evidence that he provided a false name following arrest.

The court found the arrest unlawful, concluding there were no lawful grounds to arrest for either drug possession or trespassing, and held that ss. 8 and 9 Charter rights were violated, with an additional s. 10(a) breach identified in the analysis.

Applying the Grant framework under s. 24(2), the court found the police conduct serious and the impact on Charter-protected interests significant, such that admission would bring the administration of justice into disrepute.

The fentanyl and false-name evidence were excluded, leaving no evidence to prove either count.

The accused was acquitted on both charges.

The accused was charged with possession of a weapon for a purpose dangerous to the public peace and carrying a concealed weapon following an altercation at the Sheraton Centre Hotel in downtown Toronto.

Security witnesses observed the accused wielding a knife with a distinctive red handle and hooked blade during a fight.

The accused was detained by police, and despite pat-down searches finding no knife, a red-handled folding knife with a hooked tip was later discovered under the rear seat of the police cruiser after the accused was observed on video moving around extensively in the back seat.

The court found the Crown proved beyond a reasonable doubt that the accused possessed and concealed the knife and did so for a purpose dangerous to the public peace.