The applicants brought several pre-trial Charter motions alleging unlawful arrest, excessive force, lost evidence, and delays in implementing their right to counsel.
The Crown conceded a breach of section 10(b) due to a delay in providing access to counsel, but the court declined to exclude the drug evidence under section 24(2) of the Charter, finding the breach was not causally connected to the discovery of the evidence and exclusion would bring the administration of justice into disrepute.
All other Charter applications were dismissed, as the court found the officers had reasonable grounds for the warrantless arrests, did not use excessive force, and were not unacceptably negligent in failing to preserve video evidence.
