As reported in the Toronto Star, a judge threw out drug evidence against a Toronto driver after ruling that two police officers had misled the court. The officers had claimed to smell fresh-cut marijuana after pulling the driver over, but the court found that justification did not hold up.
Ontario Superior Court Justice Edward Belobaba dismissed crack cocaine charges against the accused after concluding that the officers had invented the smell as grounds to search the vehicle. Robb MacDonald, acting for the driver, challenged the search and argued that it breached his client's Charter rights against arbitrary detention and unreasonable search and seizure.
The court agreed. The case stands as a clear example of how a rigorous Charter challenge can keep improperly obtained evidence out of the courtroom and protect an accused person's constitutional rights.