Law360 Canada ( February 16, 2021, 9:28 AM EST) -- Appeal by the accused from conviction for weapons offences and possession of fentanyl. The appellant was involved in a single vehicle accident. Police attended at the accident scene. A police officer observed a small Ziploc bag containing a single yellow pill which the officer believed the pill to be Gabapentin which he had seen trafficked before with other street drugs. He immediately placed the appellant under arrest for possession of a controlled substance. It was not until the lab analysis confirmed the pill to be Gabapentin that the police officer learned it was not a drug listed as a controlled substance. As the first police officer began searching the appellant incident to arrest, the second police officer searched his vehicle. The search revealed a folding serrated knife, a can of bear spray, fentanyl and alprazolam. Upon arriving at the police car, the police officer noticed .22 calibre ammunition fall from inside the appellant’s pant leg. Believing he had missed some items in the initial search, the police officer searched the appellant prior to placing him in the police car. While searching the appellant, the police officer located a small double-barrelled pistol loaded with five live rounds. A fourth search was subsequently conducted at the police station but revealed no further drugs or firearms. The appellant filed a Charter application for the exclusion of evidence. The appellant argued the trial judge erred in finding the arrest and searches lawful and the evidence admissible....