The accused, a young Black man, was stopped by police while driving and subsequently subjected to a pat-down search, arrest, and strip search, leading to the discovery of a loaded handgun and drugs.
The accused brought Charter applications alleging racial profiling and arbitrary detention.
The court found that the traffic stop was a pretext for a drug investigation and that racial profiling played a significant role in the suspect selection, rendering the detention and subsequent searches unlawful.
Finding multiple breaches of sections 7, 8, 9, 10(a), 10(b), and 15 of the Charter, the court excluded the evidence under section 24(2) and entered acquittals on all counts.
