The accused was stopped during a Festive R.I.D.E. campaign.
Police smelled raw cannabis and searched the vehicle, finding a loaded handgun.
The accused brought a Charter application to exclude the firearm and statements made to police, alleging breaches of his ss. 8, 9, and 10(b) rights.
The court found that the search based solely on the smell of raw cannabis was unreasonable, leading to arbitrary detention and a breach of the right to counsel.
However, applying the Grant framework under s. 24(2), the court concluded that the evidence should not be excluded, as the admission of the reliable evidence of a serious gun crime would not bring the administration of justice into disrepute.
The statements were also found to be voluntary and admissible.
