Ontario Court of Justice

Respondent

Her Majesty the Queen

and

[REDACTED]

Applicant

Counsel: [REDACTED], for Crown

[REDACTED], for Accused

Released: [REDACTED]

Judge:[REDACTED]

Ruling

Police officer arrested the accused under the Trespass to Property Act after seeing the accused on railway tracks. Accused subsequently searched by the officer and a small quantity of crack cocaine was found in the accused's right front pant pocket. He was then arrested and charged with possession of cocaine. No charge laid with respect to the Trespass to Property Act. The accused applied to have the cocaine excluded under s.24(2) of the Charter. Application allowed. Police officer did not have reasonable and probable grounds to arrest accused as accused was not provided opportunity to explain his presence on the railway tracks. Evidence excluded on the basis that due to the serious nature of the breach, it would bring the administration of justice into disrepute if it were allowed into the trial. Accused was subsequently acquitted.