The accused was charged with possession of drugs for the purpose of trafficking after police found cocaine, heroin, and fentanyl on him during a pat-down search.
The search occurred while police were executing a search warrant at an apartment where the accused was sleeping.
The accused applied to exclude the evidence, arguing the search violated his rights under s. 8 of the Charter.
The court found that while the police had grounds to detain the accused, they had no reasonable basis to conduct a safety pat-down search.
Applying the Grant framework, the court concluded the admission of the evidence would bring the administration of justice into disrepute.
The evidence was excluded, and the accused was acquitted.