Trial on charges including possession of controlled drugs. Accused stopped by police while riding a bicycle in downtown Edmonton, and was investigated (questioned) regarding an alleged theft of a bike. Accused was arrested and searched after giving a false name.
Held: Section 9 and 10(b) breaches, all evidence excluded.
The accused was detained the moment he was questioned by police about his identity. A reasonable suspicion did not exist to justify an investigative detention. Accused was unlawfully detained. 10(b) Charter rights ought to have been provided. All evidence excluded, as everything was “part of a continuous transaction with the police officers.”
M. Gibson – Defence Counsel