The accused was arrested near the Rideau Canal after officers believed he was smoking marihuana and later found drugs, cash, a folding knife, and a loaded handgun in a satchel.
The court found multiple pre-arrest Charter breaches, including improper attempts to search the accused's fanny pack and failures to comply with ss. 10(a) and 10(b), but held those breaches did not lead to the discovery of the impugned evidence and therefore did not justify exclusion under s. 24(2).
The arrest for marihuana possession and the subsequent search incident to arrest were held lawful.
The accused was convicted on multiple drug, firearm, and recognizance-breach counts, but acquitted on the proceeds count and the folding-knife counts.
