The accused were stopped for a traffic violation.
An officer smelled marijuana and observed an empty cannabis packet, prompting a vehicle search under the Cannabis Control Act that yielded a loaded handgun and drugs.
The accused brought a Charter application alleging breaches of their rights under sections 8, 9, 10(a), and 10(b).
The court found that the officer lacked reasonable grounds for the search, rendering the search and subsequent detentions unlawful.
The court also found violations of the accused's rights to be informed of the reasons for their detention and to retain counsel without delay.
Given the severity and multiplicity of the breaches, the court excluded the evidence under section 24(2) of the Charter.
