C. Tarach

The accused, Adam Luangphasi and Alexander Le, were tried on multiple counts including conspiracy to traffic, import, and produce cocaine, as well as participating in a criminal organization and possessing proceeds of crime.

The Crown's case relied heavily on intercepted communications, surveillance, and expert evidence decoding drug jargon.

Applying the Carter framework for co-conspirator hearsay, the court found both accused guilty of conspiracy to traffic cocaine and conspiracy to import cocaine from Guyana.

Luangphasi was also found guilty of a separate conspiracy to import cocaine using a private plane.

Both accused were acquitted of the criminal organization charges due to a lack of proven structure and continuity, and acquitted of the carpet importation and production conspiracies.

Luangphasi was acquitted of possessing proceeds of crime.

The accused was charged with the first-degree murder of his intimate partner, whom he shot three times.

The defence argued that the accused was in a drug-induced psychosis at the time of the shooting and lacked the specific intent for murder, seeking a verdict of manslaughter.

The Crown argued the killing was planned and deliberate.

The court admitted various hearsay statements and preposterous utterances to assess the accused's state of mind.

The court rejected the defence's expert psychiatric evidence, finding the accused had the intent to kill.

However, the court found the Crown failed to prove the murder was planned and deliberate.

The accused was found guilty of second-degree murder.

The applicant, an airport worker charged with conspiracy to import cocaine, brought an application under ss. 8 and 24(2) of the Charter to exclude evidence obtained through wiretap authorizations and search warrants.

The applicant argued that the affidavits supporting the authorizations and warrants lacked reasonable and probable grounds and investigative necessity.

The court reviewed the authorizations and warrants, applying the Garofoli standard and amplifying the record where necessary.

The court found that the authorizations and warrants were validly issued and supported by sufficient grounds, including intercepted communications, surveillance, and informant information.

The application was dismissed.

The applicant, charged with trafficking in crack cocaine, brought a Charter application seeking to exclude evidence seized from her vehicle, alleging violations of her s. 8 and s. 10(b) rights.

The court found no s. 8 violation, concluding the search was lawful pursuant to a warrant and as a search incident to arrest, despite the searching officer being unaware of the warrant.

The court found that the applicant's s. 10(b) rights were breached due to an inadequate informational caution upon arrest and an unjustified delay in facilitating access to counsel.

However, applying the Grant framework under s. 24(2), the court concluded that the reliable, non-conscriptive evidence seized from the vehicle should not be excluded, as its admission would not bring the administration of justice into disrepute.

Following the close of the Crown’s case in a jury trial, the accused pleaded guilty to sexual interference with a 15‑year‑old complainant after engaging in sexual intercourse with her on at least two occasions while both were residing in a homeless shelter.

The court considered the statutory framework under s. 151 of the Criminal Code and determined that the applicable mandatory minimum was 45 days because the precise date of the offence relative to the legislative increase could not be established.

Emphasizing denunciation and deterrence in offences involving sexual activity with children, the court weighed aggravating factors including the complainant’s vulnerability, the accused’s age disparity, and repeated sexual intercourse.

Mitigating factors included the accused’s lack of criminal record, expressions of remorse, mental health challenges, and rehabilitative prospects.

A custodial sentence of 15 months followed by two years’ probation and several ancillary orders was imposed.