The applicant, Matthew Pinkney, sought to exclude evidence obtained from a search of his vehicle following a Highway Traffic Act stop, arguing that his rights under sections 8, 9, and 10 of the Charter were infringed.
The court found that the police officer had reasonable grounds to search under the Cannabis Control Act, based on the smell of fresh cannabis and the observation of cannabis shake.
The court held that the delay in informing Mr. Pinkney of the true reason for his detention was justified by officer safety concerns.
The application to exclude the evidence was dismissed.
