Denys Richard Joseph Bradley

The applicant, Brittany Taylor, sought a stay of proceedings for a charge of possessing fentanyl for the purpose of trafficking, alleging a denial of her right to a trial within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms.

The total delay from arrest to expected trial completion was 24 months, which is below the 30-month presumptive ceiling established in R. v. Jordan for Superior Court matters.

The court found no attributable defence delay.

However, it determined that the applicant's efforts to expedite the trial were not sustained and that the case did not markedly exceed its reasonable time requirements, considering its complexity and the institutional delays.

The application for a stay was dismissed.

L'accusé a été poursuivi pour cinq chefs d'accusation découlant d'une arrestation le 15 octobre 2014 : possession de cocaïne en vue d'en faire le trafic, possession de fentanyl en vue d'en faire le trafic, possession d'un bien obtenu de la perpétration d'une infraction, voies de fait contre un agent de la paix, et évasion de la garde légale.

Le tribunal a conclu que l'accusé était coupable de possession de cocaïne et de fentanyl en vue d'en faire le trafic, basant sa décision sur la quantité de stupéfiants, leur mode d'emballage, la somme d'argent en diverses coupures trouvée sur l'accusé, une liste de noms et de chiffres compatible avec une liste de dettes liée au trafic, et le témoignage d'un expert en drogues.

L'accusé a été acquitté de l'accusation de possession d'un bien obtenu de la perpétration d'une infraction.

Concernant les accusations de voies de fait et d'évasion, le tribunal a conclu que l'accusé avait résisté à l'arrestation mais n'avait pas commis les infractions plus graves alléguées.

The defendant was charged with possession of cocaine for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.

The defendant brought a Charter application seeking to exclude evidence obtained from a search conducted incident to arrest, arguing the search violated section 8 rights against unreasonable search and seizure.

The court found that police had reasonable and probable grounds to arrest based on information from three reliable confidential informants.

The court further found that the search, conducted in a public parking lot, did not constitute a strip search as defined by the Supreme Court and was reasonable in the circumstances.

The Charter application was dismissed.

The accused was charged with possession of cocaine for the purpose of trafficking, possession of Oxycodone for the purpose of trafficking, and possession of proceeds of crime.

The accused challenged the lawfulness of the arrest, arguing that police relied exclusively on information from a confidential informant that lacked sufficient detail and corroboration.

The court found that the arrest was lawful based on the totality of circumstances, including the credibility of the informant, the compelling nature of the information provided, and police corroboration through surveillance.

The court distinguished the case from R v. Daley, finding that the informant had firsthand knowledge, a proven track record, and that police observations corroborated the informant's information.

The accused was found guilty on all remaining counts.

The accused brought a Charter motion seeking exclusion of drug evidence seized during a warrantless vehicle search following his arrest for drug trafficking.

The defence argued that late disclosure of additional confidential informant tips undermined police credibility and that the Crown had failed to establish reasonable and probable grounds for arrest.

The court held that although disclosure had been late and piecemeal, any prejudice was cured by an adjournment and there was no evidence of bad faith.

Applying the test in Debot for informant-based police action, the court found the confidential source reliable and the information sufficiently corroborated through police investigation.

The court concluded that police had reasonable and probable grounds to arrest and that the search incident to arrest was lawful.

The accused was sentenced following a conviction after trial for possession of a loaded prohibited firearm and guilty pleas to possession of cocaine for the purpose of trafficking and two counts of breaching bail recognizance.

Police executing a search warrant located a loaded handgun in a bag belonging to the accused at a residence used as a base for drug trafficking.

While on bail for the firearms charge, the accused travelled to another city and was arrested with cocaine, multiple cell phones, cash, and a digital scale, breaching several bail conditions.

The court emphasized denunciation and deterrence for the dangerous combination of loaded firearms and drug trafficking, while considering the offender’s youth and lack of prior criminal record.

A global sentence of four and one‑half years’ imprisonment was imposed, less credit for pre‑trial custody.