R v K.

Our client was charged with multiple serious Criminal Code and Controlled Drugs and Substances Act offences following a traffic collision investigation, including dangerous driving and weapons and drug-related offences arising from a warrantless vehicle search. During the search, police located items that formed the basis of the charges against the client. The client was subsequently arrested and detained for several hours. Although police advised the client of the right to counsel, they failed to properly implement that right, treating a qualified response as a waiver and never providing an opportunity to consult a lawyer during the lengthy detention.

We brought a Charter application alleging violations of our client’s rights under sections 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms. The defence position was that the police conduct demonstrated a pattern of disregard for well-established Charter protections and that the evidence should be excluded under section 24(2).

Following the Charter voir dire, the Crown acknowledged the vulnerability of its case. The matter was resolved on highly favourable terms: Our client entered a guilty plea to a non-criminal offence under the Traffic Safety Act and all criminal charges were avoided.