The court considered an application by Mustafa Elawad to exclude evidence obtained during a traffic stop and subsequent search, on the basis of breaches of sections 8, 9, and 10(a) and (b) of the Charter.
The court found that the police engaged in racial profiling, that the stop was not justified by the stated reason of obscured plates, and that the subsequent search and seizure were unlawful.
The evidence of drugs and a firearm was excluded, and Mr. Elawad was acquitted of all charges.