Client was charged with possession of a controlled substance and breach of release condition by contacting someone he was to have no contact with. At trial it was argued that the client’s detention and arrest were arbitrary and in violation of his Charter rights and that any evidence obtained including the drugs and the name of the person with the client ought to be excluded from evidence. The police noted a car idling in the parking lot of Boomtown Casino and thought that this was suspicious. The officer approached the vehicle to speak with the driver (client) while his partner went to speak to the passenger. Upon looking in the vehicle, the officer noted some loose pills in the console. As a result the client and passenger were both arrested for possession of a controlled substance. A search of the vehicle led to the discover y of a small amount of another drug. It was also determined that the client had a release condition not to have contact with the passenger. The client was charged with possession of a controlled substance and breach of a release condition.
In cross-examination the officer acknowledged that he did not know what the loose pills were and that he only suspected they were a controlled substance. He acknowledged that this was the basis for his arrest of both parties. The trial judge found that the arrest on this basis was unlawful and a violation of the right not to be arbitrarily detained. The trial judge agreed that the appropriate remedy for this violation was to exclude all evidence found as a result and therefore, the drugs and name of the passenger were excluded from evidence and the client was acquitted of both charges.