A youth was charged with two counts of possession of cocaine for the purpose of trafficking after police entered a small apartment where several adults possessed large quantities of drugs.
Officers observed the accused subtly move a plastic bag containing nearly 90 grams of cocaine with his foot, while he personally carried a small quantity of crack cocaine sewn into his clothing.
Applying the Beaver test for possession and the Villaroman framework for circumstantial evidence, the court found the Crown proved personal possession of the crack cocaine but failed to prove possession or control over the larger quantity in the bag.
The court held that the accused’s movement of the bag was reasonably explained as an attempt to conceal drugs to avoid implication rather than evidence of possession or trafficking.
The Crown also failed to establish joint or constructive possession or party liability for the drugs possessed by others in the apartment.
