The Backpack in the Alley

In 2019 police stopped the Accused in an alley on suspicion that he was in possession of stolen property. He was arrested, and a search of his backpack turned up a loaded sawed-off shotgun. Firearm charges followed. At trial the Accused established that his Charter rights had been breached in the course of the stop and arrest, and asked the court to exclude the shotgun. The Crown's position was that a Charter breach does not lead automatically to exclusion, and that society's interest in having a loaded sawed-off shotgun charge tried on its merits weighed heavily in favour of admitting the evidence. The Defence position was that the breaches went to the lawfulness of the stop itself, and that admitting evidence obtained that way would bring the administration of justice into disrepute. Should the shotgun be excluded?