The applicant brought a Charter application alleging infringements of his ss. 8, 9, and 10(a) and (b) rights following a vehicle stop and search that led to charges for drug and firearm offences.
The court found that the police search of the vehicle was unlawful and unreasonable due to a lack of reasonable and probable grounds under the Cannabis Act, and that the applicant's detention became unlawful and arbitrary, infringing his ss. 8, 9, and 10(a) and (b) Charter rights.
However, applying the Grant factors under s. 24(2) of the Charter, the court determined that the seriousness of the charges and the high reliability and importance of the evidence to the prosecution's case outweighed the Charter breaches, leading to the admission of the seized evidence.
