The applicant brought a pre-trial Charter motion seeking to exclude evidence, including a loaded handgun and drugs, seized during a search incident to arrest.
The applicant argued that the police lacked reasonable and probable grounds to arrest him for drug trafficking, resulting in violations of sections 8 and 9 of the Charter.
The court found that the arresting officers, relying on their experience and observations of a suspected hand-to-hand drug transaction corroborated by surveillance video, had objectively reasonable grounds for the arrest.
The motion was dismissed.