The accused was pulled over for speeding and subsequently arrested for using unauthorized plates under the Highway Traffic Act.
During a pat-down search incident to arrest, the accused admitted to having cocaine in his pocket, leading to the discovery of cocaine, fentanyl, and cash, and a rearrest for possession for the purpose of trafficking.
The accused brought a Charter application alleging breaches of his ss. 8, 9, and 10(b) rights, arguing the initial arrest was arbitrary, the search unreasonable, and there was a delay in providing his right to counsel.
The court dismissed the application, finding the arrest was reasonably necessary for officer safety and investigation, the search was valid, and the brief delay in rights to counsel was justified by the fluid situation.
