The defendant, Nockeem Peck, was charged with possession of heroin for the purposes of trafficking.
He brought a Charter application to exclude the heroin as evidence, arguing it was obtained through an arbitrary detention in violation of his s. 9 Charter rights.
The court dismissed the application, finding that no detention occurred prior to a lawful arrest, as police merely approached the vehicle and observed a crime in progress before any interaction.
The court distinguished the facts from cases where police conduct constituted detention (e.g., physical obstruction or authoritative demands).
Alternatively, the court found the evidence would have been admissible under s. 24(2) of the Charter due to the minimal intrusion and good faith of the police.
Peck was subsequently convicted of possession of heroin for the purposes of trafficking.