The accused was arrested for domestic assault while sitting in his car parked in his driveway.
Following the arrest, a police officer searched the car and found heroin in the centre console.
The accused brought a pre-trial application to exclude the heroin under s. 24(2) of the Charter, arguing the search violated his s. 8 rights.
The court found the officer's stated reasons for the search—related to the accused's demeanour—were not objectively reasonable and the search was not truly incidental to the arrest for domestic assault.
Applying the Grant framework, the court concluded the Charter breach was serious and the admission of the evidence would bring the administration of justice into disrepute.
The application was granted and the heroin was excluded.
