The accused was charged with simple possession of crack cocaine.
The sole issues at trial were Charter violations.
The defence alleged breaches of sections 8, 9, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms.
The court found that while the initial detention for investigative purposes regarding a robbery was lawful, the arrest for public intoxication lacked objective grounds.
The court also found violations of the right to counsel, as the accused was not advised of his right to counsel in relation to the drug charge until over an hour after the drugs were discovered, and was further delayed in implementing that right for over six hours due to his intoxication.
The court excluded the evidence of the crack cocaine as a remedy for the Charter breaches.
