The accused was stopped for using a cell phone while driving.
The officer smelled burnt marijuana and arrested the accused for possession of a controlled substance.
Following the arrest, the officer detected alcohol, demanded a roadside screening test, and subsequently obtained breath samples showing the accused was over the legal limit.
The court found the arrest for possession based solely on the odour of burnt marijuana lacked reasonable and probable grounds, violating sections 8 and 9 of the Charter.
Applying the Grant framework, the court excluded the breath sample evidence under section 24(2) and acquitted the accused.
