The accused was charged with possession for the purpose of trafficking and possession of proceeds of crime.
The police arrested the accused and searched his vehicle based on information from a confidential informant and subsequent surveillance.
The accused brought a Charter application arguing arbitrary detention and unreasonable search and seizure.
The court found the informant's tip lacked sufficient detail and reliability, and the police surveillance did not adequately corroborate the information to establish reasonable and probable grounds for the arrest.
The court concluded the arrest was unlawful, rendering the subsequent search a violation of section 8 of the Charter.
Applying the Grant framework, the court excluded the seized drugs and cash under section 24(2), finding the police conduct reckless and based on a mere hunch.
