The accused, charged with ten firearm offences and one count of possession of cocaine, brought a Charter application seeking exclusion of a handgun and cocaine seized from him, alleging breaches of ss. 8, 9, and 10 of the Charter.
The court found the investigative detention was lawfully grounded in reasonable suspicion based on the totality of circumstances, including the officer's observation of a suspected drug transaction at a location of prior drug activity.
While a s. 10(b) breach was established due to a nearly two-minute delay in advising the accused of his right to counsel upon detention, the court declined to exclude the evidence under s. 24(2), finding the breach arose from a mistake rather than deliberate misconduct, had minimal impact on Charter-protected interests, and the reliable physical evidence was central to serious charges.
