The accused, Connor-Jay Cassells-Watson, was detained and searched by police during an operation targeting his co-accused.
During the detention, police conducted a pat-down search and discovered a loaded handgun in the accused's waistband.
The accused brought a Charter application under sections 8, 9, and 10(b) seeking to exclude the firearm, arguing arbitrary detention, unreasonable search, and delayed access to counsel.
The court found a breach of section 10(b) due to an unexplained delay in transporting the accused to the police station, and assumed a section 8 breach for the sake of analysis.
However, applying the section 24(2) balancing test, the court determined that the administration of justice would not be brought into disrepute by admitting the firearm, and dismissed the application.
