The accused was charged with carrying a concealed weapon (a ball bearing gun) following a police stop in a strip mall parking lot.
The accused brought a Charter application seeking exclusion of evidence obtained through alleged breaches of sections 8, 9, and 10(b) of the Charter.
The court found that the detention was arbitrary, lacking reasonable grounds to suspect the accused was connected to a particular crime.
The court also found violations of the right to counsel and the right against unreasonable search.
Applying the section 24(2) test, the court excluded the evidence due to the seriousness of the multiple Charter breaches and their significant impact on the accused's constitutional rights.
The accused was acquitted.
