A report from Wendy Gillis of the Toronto Star can be found here: https://www.thestar.com/news/gta/2016/08/04/victim-of-racial-profiling-traumatized-by-traffic-stop.html
Ms. O’Grady, a young white female, without a criminal record, was driving her vehicle, with a black male passenger, in Oshawa at approximately 3:30 pm. Officer McKinnon, having observed the white female driver and black male passenger began to fear for the female’s safety. He suspected she was a prostitute and he a pimp as they were in the vicinity of the Canadiana Motel in Durham. Officer McKinnon followed the vehicle, stopped the vehicle, removed it’s occupants and searched the vehicle where he purported to have discovered a quantity of narcotics.
Counsel for Ms. O’Grady, Jonathan Pyzer, brought pre-trial Charter applications to have the drugs, alleged to have been found in his client’s vehicle, excluded from the evidence at Ms. O’Grady’s trial. Mr. Pyzer argued that the drugs had been obtained as a result of racial profiling and that their admission would bring the administration of justice into disrepute.
Ultimately the Court agreed, granted the defence application and excluded the drugs alleged to have been found in Ms. O’Grady’s vehicle. The Court found that the drugs were obtained in breach of her Charter rights to be free from unreasonable search and seizure, to be free from arbitrary arrest or detention and to be advised of her right to counsel on arrest or detention.
In coming to his decision, The Honourable Justice Charney made the following findings:
A complete copy of the Judge’s ruling can be found at http://www.canlii.org/en/on/onsc/doc/2016/2016onsc4872/2016onsc4872.html?autocompleteStr=Ferguson-Cadore&autocompletePos=1