The applicant brought a Charter application seeking to exclude firearms and ammunition seized during the execution of a search warrant at his residence.
He alleged breaches of his rights under ss. 7, 8, and 10(b) of the Charter.
The court found the search warrants were valid and the applicant lacked standing to challenge the failure to file a Report to Justice for discarded property.
However, the court found that police used excessive force in breach of s. 7 by deploying a taser on the unarmed applicant and dragging him by his hair.
The court also found a breach of s. 10(b) because police failed to hold off on questioning the applicant before facilitating his right to counsel.
Applying the Grant framework, the court concluded that the admission of the evidence would bring the administration of justice into disrepute and excluded the firearms and ammunition under s. 24(2).
