The accused was in their vehicle and the officer noted that the accused was seen talking to a man on the sidewalk through the passenger window of his car. The officer alleged that the accused was blocking access to a parking lot and he went up to the window to speak with the accused. The officer alleged he observed the accused swallowing what appeared to be drugs and arrested the accused for possession for the purposes of trafficking. A strip search resulted in the police finding drugs.

At trial, the evidence was excluded because the officer’s testimony was unreliable and the officer used the traffic stop as a ruse to investigate a possible drug transaction. The officer breached the accused’s Charter rights and the evidence was inadmissible. Accused exonerated of all charges