Firearm evidence excluded under s. 24(2) due to arbitrary detention, excessive force, and police dishonesty.
The accused was charged with firearm offences after a loaded prohibited firearm was discovered during a police traffic stop.
At trial, the accused brought a blended Charter application alleging violations of his rights under ss. 7, 8, 9, and 10.
The court found that the police conducted an arbitrary pre-text stop, unlawfully arrested the accused, failed to provide reasons for detention or rights to counsel, and used excessive force by deploying a taser.
The court also found the officers' testimony to be dishonest and symptomatic of an after-the-fact justification.
Applying the Grant framework, the court concluded that the serious police misconduct warranted the exclusion of the firearm evidence under s. 24(2) of the Charter.
