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The court granted a s. 24(2) Charter application and excluded drugs seized from a vehicle after finding multiple serious Charter breaches by police.
Where police relied solely on an ASD 'Fail' but were or ought to have been alerted to recent consumption (empty beer can and admission of drinking within 15 minutes), reliance on the ASD was objectively unreasonable; the resulting Breathalyzer demand and breath evidence were Charter‑infringing and, on balance of Grant factors, must be excluded, requiring acquittal on the breathalyzer charge.
Source excerpt
On a voir dire, the court excluded cocaine and residence-search evidence after serious Charter breaches, including recording a detainee’s call to counsel, then dismissed all charges.
The court excluded three BlackBerry devices under s. 24(2) after finding a serious s. 8 search breach and multiple s. 10 counsel breaches.
The court ordered this civil forfeiture trial bifurcated, with Charter issues heard first and discovery limited to those issues pending stage one.
The court excluded cocaine evidence after finding arbitrary detention, unlawful search, and a s. 10 breach. Applying Grant, the Charter violations justified exclusion under s. 24(2).
The court held the initial police encounter was not a Charter detention, but the later pat-down was an unlawful detention. The clear plastic bag on the ground attracted no reasonable expectation of privacy.
The Supreme Court of British Columbia dismissed an appeal from a small claims decision, upholding a brief police detention and safety search as lawful under R. v. Mann.
The British Columbia Court of Appeal upheld a firearm conviction, finding a lawful investigative detention and safety search of a man purse, and no reversible error in excluding the gun under s. 24(2).
Police detained Mr. Ulm on a hunch that a motorcycle might be stolen, then searched his truck and obtained firearms evidence. The court found Charter breaches and excluded the evidence.
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