The accused brought a Charter application seeking exclusion of a handgun seized from his vehicle following an investigative detention in a parking lot after a police “gun-call” dispatch.
Police detained the accused, failed to promptly advise him of the reasons for detention and his right to counsel, and conducted a warrantless search of his vehicle that uncovered marihuana, cocaine, and a firearm.
The court found breaches of ss. 8, 10(a), and 10(b) of the Charter, concluding that the officers lacked lawful authority to search the vehicle and had deliberately disregarded constitutional obligations during detention and arrest.
The court further found the police evidence unreliable regarding alleged marihuana odour and statements attributed to the accused.
Applying the s. 24(2) framework, the court held that the seriousness of the Charter breaches and their impact on the accused’s rights outweighed society’s interest in adjudicating the firearm charges on the merits.
