CHARGE: Possession of cannabis marihuana for the purpose of trafficking.
RESULT: All evidence seized by police excluded at trial under the Canadian Charter of Rights & Freedoms.
ZYZ was operating his rental vehicle eastbound on Hwy #1 near Kenora when he was apprehended for speeding by the OPP. As the Constable was a highway drug cop with interdiction (Pipeline) expertise the traffic stop was quickly transformed into a drug investigatiion. ZYZ was detained, cuffed and placed in the rear of a patrol car while the police searched his vehicle. The police seized approximately forty (“40”) pounds of cannabis marihuana from the trunk.
Patrick Fagan challenged the search & seizure on various constitutional grounds including s.8, s9 & s.10 of the Charter.
Bottom Line: The Court ruled that ZYZ’s Charter rights had been violated and ordered the exclusion of all evidence; the Crown was left with no case.
If you wish to review a transcript of the Superior Court trial proceedings (direct & cross-examination of the primary investigating officer, legal argument and Charter ruling) please click here.