Angela McArthur

The defendants, Arkadiusz Buksinski and Matthew Mcara, were charged with possession of fentanyl and crystal methamphetamine for the purpose of trafficking while inmates at the Niagara Detention Centre.

Correctional officers seized 14.5 grams of fentanyl and 18.7 grams of crystal methamphetamine from their shared cell.

The court found Mr. Buksinski guilty, based on his actions of attempting to flush contraband down the toilet upon the officers' entry and the location of the drugs near his bunk.

Mr. Mcara was found not guilty, as there was insufficient evidence to prove his knowledge or control over the drugs, despite sharing the cell.

This ruling addresses the scope of preliminary inquiries following the amendments introduced by Bill C-75 to the Criminal Code.

The defendants, jointly charged with numerous counts, including offences punishable by 14 years' imprisonment or more and those punishable by less, sought a preliminary inquiry for all charges.

The Crown argued that preliminary inquiry jurisdiction is now limited to offences carrying a maximum penalty of 14 years or more.

The court, aligning with previous decisions in R. v. Davis and R. v. M.R., held that preliminary inquiries are restricted to charges attracting a potential sentence of 14 years' imprisonment or more, even when grouped with less serious charges arising from the same transaction.

The court clarified that while questions about less serious charges might be permitted if closely linked to the serious ones, the court lacks jurisdiction to conduct a preliminary inquiry or order a discharge for offences punishable by less than 14 years.

The accused brought a section 11(b) Charter application seeking a stay of proceedings, alleging that his right to be tried within a reasonable time had been violated.

The accused was charged with driving with excess blood alcohol on December 11, 2012.

The first trial date was set for October 3, 2013, but the case was not reached that day due to insufficient court resources.

A second trial date was set for January 3, 2014.

The total delay was 12¾ months.

The court dismissed the application, finding that while there was some prejudice to the accused, the overall delay was reasonable in the circumstances, with the institutional delay falling within acceptable ranges for the region.