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Firearm and cocaine evidence excluded under s. 24(2) due to racial profiling and Charter violations.
The accused, Tristan Armstrong, faced charges including possession of a loaded restricted firearm and cocaine for trafficking.
In a blended Charter application and trial, the court considered the admissibility of evidence.
The defence argued violations of sections 8, 9, 10(a), and 10(b) of the Charter.
The court found that the police search of the vehicle and person was unreasonable under s. 8, influenced by racial profiling, and that the accused's s. 10(a) and 10(b) rights to be informed of reasons for arrest and to counsel were violated.
Applying the Grant factors under s. 24(2), the court determined that the seriousness of the police misconduct, particularly the racial profiling and disregard for Charter rights, outweighed society's interest in admitting the evidence, despite the seriousness of the alleged offences.
Consequently, the gun, ammunition, and cocaine were excluded from evidence.
A solicitor's motion for a charging order was dismissed for lacking instrumentality in property preservation.
M. Singh Law Professional Corporation (MS) sought a charging order under section 34 of the Solicitors Act against property of River Green (Thunder Bay) Inc. in the possession of 2801100 Ontario Inc. The court applied the three-part test for a charging order, specifically focusing on whether MS was instrumental in preserving the property.
The court found that while the property existed and the client could not pay, MS's efforts were not "substantial and integral" to the preservation, as the assets had already been preserved by a prior court order obtained before MS was retained.
Consequently, the court dismissed the motion for a charging order.
