Daniel R. Libman

This decision addresses multiple pre-trial motions in a large-scale drug trafficking prosecution, focusing on Charter violations related to search and seizure (s.8) and the right to counsel (s.10), as well as the voluntariness of an utterance.

The court found the initial warrantless search for cocaine unconstitutional and excluded the evidence.

The initial search warrant for the Warwick premises was quashed, but other evidence seized under it was admitted.

Covert camera evidence was admitted despite an unlawful installation, but references to it were excised from subsequent Informations to Obtain (ITOs).

Tracking warrants and general warrants for other properties were largely upheld after excising unconstitutionally obtained information.

An accused's utterance was found voluntary and admitted, despite a s.10 Charter violation, as the impact on Charter rights was deemed slight and exclusion would not bring the administration of justice into disrepute.

The accused was charged with possession of heroin for the purpose of trafficking following a traffic stop of a vehicle flagged in the CPIC system as a re-vinned crime vehicle.

The court found multiple Charter violations: a breach of section 10(b) rights to counsel when the accused made incriminating statements about marijuana without being advised of his rights, and a breach of section 8 rights against unreasonable search when police searched the accused's pockets and subsequently the vehicle without lawful authority.

The court excluded the heroin evidence under section 24(2) of the Charter, finding that the seriousness of the breaches and the impact on the accused's rights outweighed society's interest in adjudication on the merits.

The accused was convicted by a jury of importing 3.9 kg of opium.

The court determined the appropriate sentence, finding that the accused had actual knowledge of the opium and was a principal in the importation scheme, not merely a courier.

The court emphasized general deterrence and denunciation, distinguishing the case from others based on the accused's role and lack of significant mitigating personal circumstances.

A sentence of five years imprisonment was imposed, along with a weapons prohibition, victim surcharge, DNA order, and forfeiture order.

The accused was charged with operating a motor vehicle with a blood alcohol level exceeding 80 mg per 100 ml of blood.

The Crown's case rested on breathalyzer readings of 118 mg and 110 mg.

The accused raised a bolus drinking defence, arguing that she had consumed most of the alcohol immediately before being stopped and that it had not been fully absorbed into her bloodstream at the time of driving.

The trial judge rejected the accused's evidence regarding the timing and volume of her alcohol consumption, finding her testimony not credible.

The trial judge also found problems with the expert evidence that was based on the accused's account.

The accused was convicted.

Maple Lodge Farms was convicted of twenty counts of violating the Health of Animals Act and Regulations by failing to prevent undue suffering of chickens during transportation through inadequate protection from adverse weather and insufficient ventilation.

Between December 2008 and April 2010, over 25,450 chickens died during transport or upon arrival at the facility.

The corporation received a fine of $80,000 on two representative counts and a three-year suspended sentence with probation on the remaining eighteen counts.

The probation order required the corporation to expend a minimum of $1,000,000 on capital improvements to trailers, holding facilities, and transportation procedures, with oversight by an independent expert and the Canadian Food Inspection Agency.