The accused, Tristan Armstrong, faced charges including possession of a loaded restricted firearm and cocaine for trafficking.
In a blended Charter application and trial, the court considered the admissibility of evidence.
The defence argued violations of sections 8, 9, 10(a), and 10(b) of the Charter.
The court found that the police search of the vehicle and person was unreasonable under s. 8, influenced by racial profiling, and that the accused's s. 10(a) and 10(b) rights to be informed of reasons for arrest and to counsel were violated.
Applying the Grant factors under s. 24(2), the court determined that the seriousness of the police misconduct, particularly the racial profiling and disregard for Charter rights, outweighed society's interest in admitting the evidence, despite the seriousness of the alleged offences.
Consequently, the gun, ammunition, and cocaine were excluded from evidence.
