The defendant was stopped, detained, and searched by Durham Regional Police while walking near the courthouse.
Police claimed they believed he resembled a wanted person (Tyrone Hylton) and that he attempted to flee and destroy evidence.
The defendant was found in possession of 7 grams of crack cocaine.
The defendant challenged the detention and search as arbitrary and unreasonable.
The court found that police lacked reasonable and probable grounds for either the detention or search, as the resemblance between the defendant and the wanted person was superficial and based primarily on race.
The court also rejected the police evidence that the defendant attempted to flee or swallow drugs.
Finding violations of sections 8 and 9 of the Canadian Charter of Rights and Freedoms, the court applied the section 24(2) analysis and excluded the evidence, resulting in acquittal.
