Donald McLeod

The accused was tried for multiple offences relating to the possession of a loaded prohibited firearm and Ketamine found in a vehicle he was driving.

The accused argued he had no knowledge of the contraband, and a passenger testified that the items belonged to him.

The court rejected the passenger's evidence as not credible and found that the accused, as the principal driver, had constructive possession of the items.

Alternatively, the court found the accused was wilfully blind to the presence of the firearm.

The accused was found guilty on all remaining counts.

The accused were arrested during a high-risk takedown following an undercover police operation targeting a ketamine drug transaction.

One accused was charged with trafficking and possession of marihuana, but the court found the Crown failed to prove his knowledge or involvement beyond a reasonable doubt, resulting in acquittals.

The other accused admitted to trafficking but brought a Charter application alleging police used excessive force during his arrest, including kicking him in the head while handcuffed.

The court found on a balance of probabilities that unknown officers subjected the accused to excessive and gratuitous force, breaching his s. 7 and s. 12 Charter rights.

Consequently, the charges against him were stayed pursuant to s. 24(1) of the Charter.