The applicant, Wally Williams, sought to exclude drug evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms.
Following a car accident in a remote, cold location, police offered Williams and his companions a ride, conditional on a "safety" pat-down search.
During Williams' search, a pill bottle was discovered, leading to his arrest for drug possession.
A subsequent search of his backpack revealed additional illegal drugs and a "debt book," resulting in charges for possession for the purpose of trafficking.
The court found that the initial "safety" search was not reasonably necessary as there was no imminent threat, and any consent given was limited to a search for weapons, not contraband.
Applying the Grant factors, the court concluded that admitting the evidence, obtained through serious Charter breaches, would bring the administration of justice into disrepute.
The application was allowed, and all seized drug evidence was excluded.