David Ian Anber

The appellant appealed his conviction for possession of marijuana for the purpose of trafficking.

The Crown conceded that the trial judge erred by relying on the appellant's testimony from a pre-trial Charter voir dire to determine guilt at trial.

The appellant argued this error should result in an acquittal due to a lack of evidence linking the drugs seized to the Health Canada certificate of analysis.

The Court of Appeal disagreed, finding a sufficient link, and ordered a new trial based on the trial judge's error.

The applicant was convicted of disobeying a police officer directing traffic under the Highway Traffic Act after failing to immediately stop for an officer who clocked her speeding at 143 km/h.

The conviction was upheld on appeal.

The applicant sought leave to appeal to the Court of Appeal, arguing the lower courts misinterpreted the preconditions for an officer's discretion to direct traffic.

The Court of Appeal dismissed the application, finding the proposed grounds did not meet the high threshold for leave under the Provincial Offences Act, as they raised no significant issues of statutory interpretation or appellate review.