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Firearm excluded under s. 24(2) after court finds police fabricated grounds for investigative detention.
The accused brought a Charter application to exclude a loaded handgun found in his satchel during an investigative detention.
The detention occurred in the hallway outside an apartment where police were executing a search warrant.
The police claimed they had grounds to detain the accused because an occupant of the apartment yelled at the accused's companion.
However, elevator video evidence contradicted the police timeline, showing the accused was detained within seconds of exiting the elevator.
The court found the police officers colluded and fabricated evidence to justify the unlawful detention.
The court found breaches of ss. 8, 9, and 10(a) of the Charter and excluded the firearm under s. 24(2).
