The applicants, the driver and passenger of a motor vehicle, sought to exclude a firearm, ammunition, and drugs seized during a traffic stop, alleging violations of their ss. 8, 9, and 10(b) Charter rights.
The court found that the initial stop was lawful and not the result of racial profiling.
However, the court held that the search of the vehicle incident to the driver's arrest for driving under suspension violated his s. 8 rights, and a brief delay in providing his rights to counsel violated his s. 10(b) rights.
The passenger's Charter rights were not violated.
Applying the Grant framework under s. 24(2), the court concluded that the breaches were not egregious, the impact on the driver's rights was minimal, and the evidence should be admitted.
