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The court found a pretextual vehicle stop, unlawful downstream searches, delayed Charter warnings, and excessive force, excluding the firearms under s. 24(2).
The Court held the trial judge’s factual findings were supported by the record; the appellant’s post-arrest statement was properly admitted under s.24(2) applying Grant (breach inadvertent, good faith, and appellant would have spoken anyway); the co-conspirators' hearsay exception applied because a conspiracy/common criminal design was established and necessity and reliability thresholds were met (Mapara/Carter and principled approach); Shaikh was not a state agent and his conduct did not amount to entrapment or residual-abuse justifying a stay; therefore the conviction was upheld and the app…
Source excerpt
The Court of Appeal upheld Kiet Luong’s conviction, finding reasonable and probable grounds for arrest based on cumulative police observations viewed through the officers’ experience.
Crown appeal from an acquittal in an impaired driving breath-demand case was dismissed because the demand was not made as soon as practicable.
The court excluded post-arrest statements taken in breach of ss. 10(a) and 10(b) of the Charter, but still found sufficient admissible evidence to commit Huyen Thi Cong for extradition.
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