The accused was stopped for a traffic violation and subsequently arrested for possession of marijuana based solely on the odour of burnt marijuana.
Following the arrest, the accused was subjected to a strip search in the field and a 50-minute delay in being informed of his right to counsel.
The court found that the odour of burnt marijuana alone did not provide reasonable grounds for arrest, resulting in violations of ss. 8 and 9 of the Charter.
The court also found violations of ss. 8 and 10(b) due to the unreasonable manner of the strip search and the delay in providing rights to counsel.
Applying the Grant framework, the court excluded the seized drugs under s. 24(2) of the Charter, resulting in acquittals on all charges.
