Trial on charges including possession for the purpose. Vehicle stop due to the fact that the vehicle had front end damage. The stop quickly became a criminal investigation upon learning that the accused was on a recognizance for drug trafficking. Upon arrest for a breach of a cell phone condition, accused’s vehicle was searched.
Held: S. 8 breach, evidence excluded under 24(2).
As per Caslake [1998] 1 SCR 51 and Fearon [2014] SCC 77, having arrested for possession of a cell phone, it was not reasonable to search the motor vehicle incidental to that arrest, as there was no basis to believe that the search would afford evidence relevant to the investigation of that alleged offence. Serious breach. Police in effect used the Traffic Safety Act to stop the vehicle to conduct a criminal investigation.
L. Tate, Defence Counsel