A. Choat

The accused, charged with importing cocaine, brought a motion for a directed verdict at the close of the Crown's case.

The accused argued there was no evidence he caused his suitcase to clear customs or intended to import the drugs, as he was merely transiting through Canada to London.

The Superior Court of Justice dismissed the motion, finding that the actus reus of importing commences when drugs cross the border into Canada, and the mens rea requires only an intention to bring the drugs into Canadian territory, not an intention to clear customs.

The court concluded there was sufficient evidence for a properly instructed jury to find the accused guilty.

The Crown brought an application to admit the notes and property reports of a deceased police officer under the principled exception to the hearsay rule.

The officer, who had participated in the execution of search warrants related to the accused's drug charges, died of a fentanyl overdose before trial.

While necessity was conceded, the court found the Crown failed to establish threshold reliability.

The court noted inaccuracies in the officer's reports, potential inconsistencies with other evidence, and the inability to cross-examine the officer on his drug use and its potential impact on his perception and memory.

The application was dismissed.