The applicant was involved in a motor vehicle collision.
While he was receiving medical attention, a police officer searched his vehicle's glove box without authorization to find insurance documents, discovering cocaine.
The applicant was subsequently arrested, and searches incident to arrest revealed prohibited firearms and marijuana.
The applicant brought a Charter application to exclude the evidence.
The Superior Court of Justice found that the glove box search violated section 8 of the Charter and that the applicant's section 10(a) and (b) rights were breached during his detention.
Applying the Grant framework, the court concluded that the section 8 breach was serious and deliberate, outweighing society's interest in adjudicating the case on its merits.
The application was granted and the evidence was excluded.
