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Mr. Stalas and Mr. Calderon were charged with possession for the purpose of trafficking, possession, and possession of proceeds of crime. Mr. Stalas and Mr. Calderon were convicted at trial in Superior Court in Thunder Bay. Their application alleging an unlawful and arbitrary detention and arrest, and unlawful search and seizure, in addition to a violation of their Section 10(b) right to counsel were dismissed by the trial judge. On appeal to the Ontario Court of Appeal, Mr. Stalas and Mr. Calderon were acquitted by the Court of Appeal on all charges. The Court of Appeal found that there were violations of the accused right to be free from an arbitrary detention and arrest, as well as their Section 8 rights to be free for an unreasonable search and seizure. In addition, the Court of Appeal found that upon a stop without further grounds for a search must provide all persons with their right to counsel. Since the police officers did not provide rights to counsel and an opportunity to contact counsel prior to obtaining consent or proceeding with the search, there was a violation of the their Section 10(b) rights as well. According all charges were acquitted on appeal.