This decision addresses the application to exclude evidence seized during a warrantless search conducted under s. 12(3) of the Cannabis Control Act (CCA).
The police officer stopped the accused for a traffic violation and observed a cannabis vape pen in the vehicle, which he believed constituted reasonable grounds to conduct a search.
The Court found that the vape pen is paraphernalia and not cannabis itself, and that the officer lacked objectively reasonable grounds to conduct the search without further investigation.
The Court also found a breach of the accused’s s. 10(b) Charter right due to delay in informing him of his right to counsel.
Balancing the factors under s. 24(2) of the Charter, the Court excluded the evidence due to serious Charter breaches despite the good faith of the officer.
