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The accused was acquitted of aggravated assault and forcible confinement as the evidence of both parties was found untrustworthy.
The accused, N.G., was charged with aggravated assault and forcible confinement following an incident where his partner sustained a severe facial injury.
The trial focused on whether the accused intentionally bit the complainant's nose and whether he forcibly confined her.
The court found both the accused's and the complainant's evidence to be untrustworthy due to inconsistencies, lies, and intoxication.
Despite suspicions regarding the accused's conduct, the Crown failed to prove the charges beyond a reasonable doubt.
Consequently, the accused was acquitted of both counts.
Charter application dismissed; routine border search prompted by a drug lookout did not trigger Charter rights.
The applicant, a commercial truck driver, was referred to a secondary examination at a border crossing due to a CBSA 'drug lookout'.
During the examination, border officers discovered methamphetamine and cash in his truck.
The applicant brought a motion alleging violations of his Charter rights under ss. 7, 8, 9, 10(a), and 10(b), arguing that the lookout made him a specific target of a criminal investigation, thereby triggering his Charter rights upon arrival.
The court dismissed the application, finding that the questioning and search were routine border procedures authorized by the Customs Act, and the applicant was not detained for Charter purposes until the drugs were actually discovered.