The accused was stopped for driving a vehicle with heavily tinted windows, leading the officer to smell fresh marijuana and conduct a vehicle and pat-down search that revealed a concealed knife and loaded handgun.
The accused brought a Charter application to exclude the evidence, alleging breaches of his ss. 8, 9, and 10(a) and (b) rights.
The court found that the officer lacked the subjective belief required for an arrest, rendering the searches unlawful under ss. 8 and 9, and also found a s. 10(b) breach due to a delay in advising the accused of his right to counsel.
However, applying the Grant framework under s. 24(2), the court concluded that the police conduct was not egregious, the evidence was highly reliable, and society's interest favoured admission.
The application to exclude the evidence was dismissed.
