The accused, Cadence Beauparlant, brought an application under s. 24(2) of the Canadian Charter of Rights and Freedoms to exclude evidence seized during and after his arrest, alleging violations of his rights under sections 8 (unreasonable search), 9 (arbitrary detention), and 10(b) (right to counsel).
The court found that the police lacked objectively reasonable grounds for the initial arrest for "failure to remain at the scene of a collision," thus breaching sections 8 and 9.
However, the court found no breach of section 10(b) regarding the right to counsel, as the accused did not clearly invoke his right to counsel and police attempts to contact his family were reasonable.
Applying the Grant test for s. 24(2) exclusion, the court weighed the seriousness of the Charter-infringing conduct (found to be an understandable error in judgment, not flagrant misconduct), the impact on the accused's Charter interests (real but not most serious), and society's interest in adjudication on the merits (high, given the serious drug and weapon charges).
Ultimately, the court dismissed the application, finding that admitting the evidence would not bring the administration of justice into disrepute.