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.
