Bahaar Chaudhry

The accused was stopped for speeding and subsequently arrested for driving with a suspended license under the Highway Traffic Act.

During the arrest, the officer smelled alcohol and made an approved screening device demand, which the accused refused, leading to the vehicle being towed.

An inventory search of the trunk revealed a satchel containing a loaded handgun, drugs, and the accused's identification.

The court dismissed the accused's Charter applications alleging racial profiling and arbitrary detention, finding the arrest lawful and the utterances voluntary.

The accused was found guilty of multiple firearms and driving offences, possession of MDMA for the purpose of trafficking, and simple possession of cocaine.

The Ontario Court of Justice considered whether the possession of fentanyl by Kevin Coulter was for the purpose of trafficking under s. 5(2) of the Controlled Drugs and Substances Act.

The defendant pleaded guilty to two offences but contested the trafficking charge.

The court analyzed expert evidence, including discrepancies in the expert report and the defendant’s testimony about drug use and financial status.

The court found the quantity, packaging, and variety of drugs, along with possession of brass knuckles, supported the inference of trafficking.

The defendant’s inconsistent testimony and the circumstantial evidence led to a conviction for possession for the purpose of trafficking.