Stephen R. Bernstein

The accused brought a pre-trial motion to exclude evidence, including an imitation firearm and a construction vest, arguing his rights under ss. 8, 9, and 10(b) of the Charter were violated during his arrest for a home invasion.

The court found the detention and searches were lawful, but the police breached the implementational component of the accused's s. 10(b) right to counsel by unreasonably delaying his access to a lawyer due to an internal policy.

Applying the Grant framework under s. 24(2), the court concluded that despite the serious s. 10(b) breach, the evidence should not be excluded because the impact on the accused's protected interests was minimal and society's interest in adjudicating the case on its merits favoured admission.

The accused, Leon Alexander and Edmund Benjamin, were charged in relation to the stabbing deaths of Andy James and Brandon Ramdeen following a boat cruise.

The Crown alleged that Alexander stabbed James or was a party to the stabbing, and that both accused participated in a group assault on Ramdeen during which he was fatally stabbed by another individual.

The trial judge found that while Alexander assaulted James, he did not stab him and his actions were not a significant contributing cause of death.

The judge also found the identification evidence regarding the assault on Ramdeen to be unreliable.

Both accused were acquitted of all charges.