The applicant, charged with drug trafficking offences, brought a Charter application to exclude drug evidence seized following his arrest.
The applicant was initially detained for a drug investigation which yielded no evidence, but police continued to detain him for an additional 25 minutes to investigate a potentially stolen vehicle without informing him of the new reason for detention or re-cautioning him.
During this unlawful detention, police discovered cocaine near the applicant, leading to his arrest and a subsequent level 3 search that revealed more drugs.
The court found serious breaches of sections 9, 10(a), and 10(b) of the Charter and excluded the evidence under section 24(2), concluding its admission would bring the administration of justice into disrepute.