The accused was charged with trafficking in methamphetamine and phencyclidine, possession for the purpose of trafficking, unlawful possession of cocaine and cannabis, possession of proceeds of crime, and possession of a weapon for a purpose dangerous to the public.
The accused brought a Charter application alleging breaches of sections 8, 9, 10(a), and 10(b) of the Charter.
The court found that police conducted an investigative detention without reasonable grounds based on a dated intelligence report and observations that revealed no criminal behaviour.
The police blocked in the vehicle, demanded drugs "right now" without advising the occupants of the reason for detention or their right to counsel, and obtained drugs through compulsion.
The court further found that the accused was denied access to counsel for approximately nine hours while being questioned, and that information obtained during this period was included in the Information to Obtain a search warrant.
The court excluded all evidence obtained as a result of the Charter violations and dismissed the charges.
