The accused applied under s.24(2) of the Charter to exclude a firearm and ammunition discovered during a vehicle search following a traffic stop.
Police officers claimed the stop was justified by observing the accused using a cellphone while driving and that the vehicle was searched as an inventory search prior to impoundment.
The court found, on a balance of probabilities, that the officers were untruthful about observing cellphone use and that the stated justification for the stop was fabricated.
This rendered the detention arbitrary under s.9 of the Charter.
Given the deliberate police misconduct, admission of the evidence would bring the administration of justice into disrepute, and the firearm and ammunition were excluded.
