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The court found the initial traffic stop lawful, but held that Charter ss. 10(a) and 10(b) were breached when the focus shifted, and that the trunk search breached s. 8.
The court found on the balance of probabilities that the officers did not have reasonable grounds to effect a lawful arrest for break and enter and the accused was not shown to have been arrested for possession prior to the search; consequently the subsequent warrantless search of the vehicle was not authorized as incident to a lawful arrest (s.8 breach). Applying the Grant factors the court concluded admission of the evidence would bring the administration of justice into disrepute and therefore excluded the drug evidence under s.24(2), resulting in an acquittal.
Source excerpt
The court held it lacked jurisdiction under s. 487.3(4) to hear the sealing-order challenge and quashed the Provincial Court order disclosing edited warrant materials.
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