The accused, Ashton Bell, faced serious firearms charges and brought a Charter application under s. 24(2) to exclude evidence (a firearm) alleging breaches of ss. 8, 9, 10(a), and 10(b), primarily due to racial profiling during a traffic stop, search, and arrest.
The Crown conceded a s. 10(b) breach (delay in access to counsel) but argued for admission of evidence.
The court found no racial profiling or s. 8/9 breaches, but confirmed the s. 10(b) breach.
Applying the Grant test, the court determined that admitting the firearm would not bring the administration of justice into disrepute, given the less serious nature of the breach, minimal impact on the accused, and high societal interest in adjudicating serious firearms offences.
The evidence was admitted, leading to conviction on all charges.