The accused was charged with possession of cocaine for the purpose of trafficking after 75 individually packaged bags of cocaine were found in a BlackBerry box in the freezer of an apartment she had recently rented.
The Crown conceded identity, the nature of the substance, and the trafficking quantity, but the accused denied knowledge and control of the drugs.
Applying the credibility framework in R. v. W.(D.), the court found the accused’s testimony to be forthright and consistent with surrounding circumstances, including ongoing repairs to the unit, instructions not to use appliances, and the fact that multiple individuals had access to the apartment before the discovery.
The absence of trafficking paraphernalia and the accused’s conduct when giving the superintendent access to the unit further supported her denial of knowledge.
The court held that the Crown failed to prove knowledge and control beyond a reasonable doubt.
