The appellant was a passenger in a vehicle stopped for traffic violations.
During the stop, an officer directed the appellant to place his hands on the seat in front of him, asked for his name, and ran a background check.
The officer subsequently noticed a handgun protruding from a knapsack next to the appellant.
The appellant was convicted of multiple firearms offences and sentenced to nine years in prison.
On appeal, the appellant argued his Charter rights under ss. 8, 9, and 10(b) were violated and that his Aboriginal status was not properly considered in sentencing.
The Court of Appeal found that while the appellant was psychologically detained, there was no breach of ss. 9 or 10(b).
Assuming a s. 8 breach occurred during the background check, the court held the firearm was still admissible under s. 24(2).
The sentence appeal was also dismissed, as the trial judge appropriately weighed the appellant's Aboriginal background against the mandatory minimum sentence and aggravating factors.
