The accused brought a Charter application at the commencement of his trial seeking to exclude a firearm, ammunition, and cocaine seized by police during a street stop.
The court found that the police arbitrarily detained the accused without reasonable suspicion, violating his s. 9 Charter rights.
This unlawful detention also resulted in breaches of his s. 8 right against unreasonable search and s. 10(b) right to counsel.
However, applying the Grant framework under s. 24(2), the court concluded that the police acted in good faith and the evidence was highly reliable and essential to the prosecution.
The application to exclude the evidence was dismissed.
