The accused was charged with possession of fentanyl for the purpose of trafficking.
He brought a Charter application alleging excessive force during his arrest, failure to promptly advise him of the reasons for his arrest, unlawful search of his satchel, and failure to record the arrest.
The court dismissed the Charter application, finding the police officers' evidence credible that the accused resisted arrest, justifying the force used and the delay in advising him of the reasons.
The search of the satchel was deemed a lawful search incident to arrest.
On the trial of the charge, the court rejected the accused's testimony, finding he was in possession of the satchel containing 94.98 grams of fentanyl.
Relying on expert evidence, the court concluded the fentanyl was possessed for the purpose of trafficking and found the accused guilty.
