Colin Wood

The appellant appealed his convictions for possession of drugs for the purpose of trafficking, challenging the trial judge's decision to dismiss his Charter application to exclude evidence obtained through general warrants issued under s. 487.01 of the Criminal Code.

The appellant argued that the investigative technique could have been authorized under the Controlled Drugs and Substances Act, making the general warrant unavailable.

The Court of Appeal upheld the convictions, finding that the general warrant was properly issued because the investigative technique—prospective execution based on a future contingency to link drugs to the accused—was not contemplated by conventional search warrants, and there was no evasion of more stringent statutory requirements.

The appellants were convicted by jury of importing 7.86 kilograms of cocaine into Canada from Jamaica and each received sentences of 6.5 years imprisonment.

Potts appealed both conviction and sentence; Robinson appealed sentence only.

The Court of Appeal dismissed all appeals, finding no errors in the trial judge's jury charge on the mental element of importing, limiting instructions on co-accused statements, right to silence, expert evidence, or character evidence.

The sentencing appeals were also dismissed as the sentences were fit and within the appropriate range for this offence.

Following a trial, the accused was found guilty of assault causing bodily harm and assault with a weapon.

The assault with a weapon count was stayed pursuant to the Kienapple principle.

The Crown sought a suspended sentence with probation, while the defence sought an absolute discharge.

The court imposed a conditional discharge with one year of probation, finding that while the assault was serious—involving the use of a glass in a public bar setting—the accused's youth, first-time offender status, and significant rehabilitative efforts warranted a discharge rather than a conviction.

The court declined to impose a section 110 weapons prohibition order.

An applicant convicted of possession of cocaine for the purpose of trafficking sought bail pending his sentence appeal under s. 679(4) of the Criminal Code.

The applicant had been sentenced to two years in custody, less five months' pre-sentence credit.

The Crown opposed bail, arguing the appeal lacked sufficient merit.

The applicant's primary ground of appeal concerned collateral immigration consequences, as a sentence of six months or greater would render him inadmissible to Canada and subject to deportation without a right of appeal.

The court granted leave to appeal but dismissed the bail application, finding the appeal lacked sufficient merit and that continued detention would not cause unnecessary hardship.

The appellant appealed his conviction on various drug offences, challenging the validity of a search warrant on the grounds that material misstatements and omissions were made in the Information to Obtain (ITO).

The appellant contended that the warrant breached his Charter rights under section 8.

The Court of Appeal upheld the trial judge's decision, finding that the omissions and alleged misrepresentations were not material to the issuance of the warrant and that a reasonable inference could be drawn that drugs would be found at the residence based on police observations and evidence.