R. Johnston

The accused was charged with possession of cocaine for the purpose of trafficking and possession of fentanyl after a traffic stop.

The accused brought a Charter application alleging racial profiling, arbitrary detention, denial of right to counsel, and unreasonable search and seizure (including a strip search).

The court found no evidence of racial profiling, as the officers did not see the accused before running his licence plate.

The court found a minor breach of s. 10(a) because the officers delayed explaining the specific charges on the outstanding warrant, but admitted the drug evidence under s. 24(2).

The searches of the vehicle and the accused were upheld as lawful incidents to arrest.

The accused was found guilty on both counts.

The accused applied to exclude evidence of a marijuana grow operation seized during the execution of a search warrant, arguing there was no reasonable basis for its issuance.

The court reviewed the Information to Obtain (ITO) and found that the affiant police officer had misled the issuing justice, lied about the accused's criminal record, and provided unreliable information from a confidential informant.

Applying the Garofoli step-six review, the court concluded the un-excised ITO could not support the warrant and that the officer's conduct was subversive to the prior authorization process.

The search warrant was quashed.