The applicant was arrested for public intoxication under the Liquor Licence Act after an officer observed him urinating in an alley and exhibiting signs of impairment.
A subsequent search incident to arrest revealed controlled substances and currency.
The applicant brought a Charter motion to exclude the evidence, arguing the arrest was unlawful because the officer lacked reasonable grounds to believe the arrest was necessary for his safety.
The court agreed, finding breaches of ss. 8 and 9 of the Charter.
Applying the Grant framework, the court excluded the evidence under s. 24(2), concluding that the Charter-infringing conduct was serious and its admission would bring the administration of justice into disrepute.
