The accused was charged with five offences arising from an incident on Highway 11 near Trout Creek, Ontario: Escape Lawful Custody, Obstruct Peace Officer, Assault Peace Officer, Trespass by Night, and Possession of Marijuana under the Controlled Drugs and Substances Act.
A Charter application alleging arbitrary detention under section 9 of the Canadian Charter of Rights and Freedoms was heard as part of a blended trial.
The court found that the arresting officer lacked reasonable and probable grounds to arrest the accused, relying solely on the smell of unburnt marijuana without adequate corroborating evidence or proper inquiry.
The court determined the arrest was arbitrary and excluded all evidence obtained as a result of the Charter violation, resulting in acquittals on all charges.
