The accused, Sheldon Wynter, faced multiple drug trafficking and related charges.
A voir dire was held to determine alleged Charter breaches, specifically concerning a strip search (s. 8), right to counsel (s. 10(b)), and misleading evidence at a bail hearing (s. 7 and 11(d)).
The court found the strip search lawful and reasonable, and the initial s. 10(b) breach (due to medical emergency) did not warrant exclusion of evidence.
However, a significant s. 7 and 11(d) breach occurred due to the Crown's failure to disclose corrected drug weight information at the bail hearing, which misled the Justice of the Peace.
Consequently, the evidence of fentanyl and cocaine seized between February 21st and 25th was excluded.
Other charges will proceed to trial.
