During the execution of a search warrant at a residence, the applicant, a Black man who was not the target of the warrant, was ordered to the ground and handcuffed by tactical officers pursuant to a general police policy.
He was subsequently arrested for drug possession by another officer who mistakenly believed he was already under arrest and who lacked objective reasonable grounds.
The applicant brought a motion to exclude the seized fentanyl under s. 24(2) of the Charter.
The court found flagrant violations of the applicant's s. 9 and s. 10(b) rights, noting the systemic issues and the heightened impact of the breaches on a racialized individual in his own home.
The evidence was excluded.