The decision addresses a defence Charter application seeking to exclude evidence obtained during a search incident to arrest.
The court found that the arrest of Mr. Ibrahim under a valid and subsisting warrant was lawful, and the subsequent search of his person and satchel did not violate his rights under section 8 of the Charter.
While there was a brief breach of Mr. Ibrahim’s section 10(b) right to counsel, the court held that the breach was minor and did not warrant exclusion of the evidence under section 24(2) of the Charter.
The application was dismissed.
