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The court dismissed a defence Charter application to exclude evidence, finding that a brief delay in providing the right to counsel did not warrant exclusion.
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.
Entrapment application dismissed as police had reasonable suspicion before offering the opportunity to traffic cocaine.
The court considered an application by Adrian Davey to stay proceedings on the ground of entrapment after he pleaded guilty to trafficking cocaine and possession of cocaine for the purpose of trafficking.
The court reviewed the sufficiency of disclosure to the defence and whether police had reasonable suspicion before offering Davey the opportunity to commit the offence.
The application was dismissed, with the court finding that the police had reasonable suspicion at the relevant time and that the defence was able to make full answer and defence.
