Brophy

The accused was charged with possession of marijuana for the purpose of trafficking and possession of break-in instruments.

Police stopped the accused's vehicle and found 211 grams of marijuana packaged in multiple baggies, digital scales, cash, and various tools including lock picks.

Text messages on the accused's phone indicated drug trafficking activity.

The court dismissed the break-in tools charge, finding insufficient evidence of intent to use them for an improper purpose.

However, the court found the accused guilty of possession of marijuana for the purpose of trafficking, rejecting his claim that the drugs were solely for personal medical use.

The accused was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration over 80mg.

The accused was stopped for speeding and exhibited signs of impairment.

The accused brought a Charter application alleging breaches of ss. 8 and 10(b), arguing the breath demand was not made as soon as practicable and the police failed to facilitate his right to counsel of choice through his union.

The court dismissed the Charter application, finding the officer acted reasonably in the circumstances and the accused failed to be diligent in exercising his right to counsel.

The court found the accused guilty of both impaired driving and the over 80 charge.