The defendant was charged with possession of cocaine for the purpose of trafficking following a motor vehicle stop.
The Crown alleged the defendant possessed 40 grams of cocaine found in a vehicle he owned and was operating.
The defendant challenged the lawfulness of the vehicle search under the Charter and argued there was reasonable doubt as to his possession of the drugs.
The court found the vehicle search was lawful as a search incident to arrest and under the Highway Traffic Act inventory search provisions.
However, on the merits, the court found the Crown had not proven possession beyond a reasonable doubt, as the drugs were located in an area accessible to the passenger, there was no evidence of knowledge or control by the defendant, and no other indicia of drug trafficking were present.
The defendant was acquitted.
