The defendants, brothers Garret and Garnett Grant, were arrested following a traffic stop that escalated into a search for cannabis and then a firearm.
They faced charges related to unauthorized firearm possession and possession of controlled substances for the purpose of trafficking.
Both defendants brought Charter applications alleging arbitrary detention, unreasonable searches, and breaches of their right to counsel, including racial profiling.
The court dismissed the Charter applications for arbitrary detention and unreasonable search, finding the police conduct lawful and not racially motivated.
However, it found a breach of the right to be informed of the reason for detention (s. 10(a)) due to delayed notification of drug charges.
Applying the Grant analysis, the court admitted the evidence.
On the merits, Garret Grant was found guilty of all firearm charges, while Garnett Grant was found guilty of most drug trafficking charges and simple possession of oxycodone.
Garret Grant was acquitted of all drug charges, and Garnett Grant was acquitted of one drug trafficking count.
