The police claimed that they detained Khan because he was driving erratically. They further alleged that Khan was trying to push something under the driver's seat when they approached the vehicle. Officer Asselin claimed that he could see a large garbage bag protruding from under the driver's seat, and that he detected the strong distinctive odour produced by a large amount of cocaine. The bag was found to contain one kilogram of cocaine, and Khan was arrested for possession of cocaine for the purpose of trafficking. Khan testified that there was nothing unusual about his driving, and denied any knowledge of the cocaine. He argued that his detention was arbitrary, and that the search of his vehicle was unreasonable. He alleged that he was the victim of racial profiling, and that the police pulled him over solely because he was a young black man driving an expensive car. The car had been out of Khan's possession for two days before the arrest, and the garbage bag did not contain his fingerprints.
Judgment for the plaintiff.
The resolution of this case depended entirely on which version of events was accepted. Khan was a very credible witness. He testified in a straightforward manner, and was unshaken in cross-examination. Moreover, his evidence was fully consistent with the documentary evidence and evidence of independent witnesses. By contrast, the evidence of the police officers was inconsistent with the documentary evidence and defied common sense. The cell phone and police computer records were also inconsistent with the evidence given by the officers. They fabricated significant aspects of their evidence. They targeted Khan and searched his vehicle because of racial profiling. Khan's rights under ss. 8 and 9 of the Charter were violated, and the evidence of the cocaine was excluded. In any event, Khan did not have possession, care or control of the cocaine, so he was not guilty of the offence charged.