The accused brought a pre‑trial motion to exclude evidence consisting of oxycodone tablets discovered during a search of checked luggage at an airport.
The court found that the accused had a reasonable expectation of privacy in checked luggage notwithstanding airport security screening regimes.
The physical search of the bag by CATSA personnel and police was not authorized by law, the accused was psychologically detained without being informed of his right to counsel, and the decision to conduct the physical search was influenced by racial profiling.
Applying the test under s. 24(2) of the Charter, the court held that admission of the evidence would bring the administration of justice into disrepute.
The evidence was excluded.
