The accused, Jeremy Menary, faced criminal charges related to the possession of a loaded handgun, cash, and various drugs found during his arrest.
He brought a Charter application to exclude all evidence under section 24(2), alleging violations of his sections 8, 9, 10(a), and 10(b) rights.
The defence argued that the arrest for impaired driving was a pretext to justify an unlawful search.
The court dismissed the Charter application, finding no violations.
It held that the police had reasonable and probable grounds to arrest the accused for impaired driving, which lawfully preceded the search.
The court also found that the brief pre-arrest detention was justified under section 216(1) of the Highway Traffic Act for investigating sobriety and vehicle authorization, thus not triggering immediate section 10 Charter rights.
