Investigative detentions carried out in accordance with the common law power recognized in this case will not infringe the detainee's rights under s. 9 of the Charter.

The young man was arrested and cautioned for possession for the purposes of trafficking under section 5(2) of the Controlled Drugs and Substances Act.

On appeal the Court found that the search and detention were within reason given the circumstances, thus the acquittal was set aside and a new trial was ordered.

The opinion of the Court was given by Iacobucci J., joined by Major, Binnie, LeBel, and Fish JJ., with Deschamps and Bastarache JJ.

Justice Iaccobucci held that where a police officer detains a suspect on reasonable grounds they are allowed to give a pat-down only as a protective measure.