E. Taggart

The accused was charged with possession of cocaine for the purpose of trafficking after police found drugs in his vehicle during the execution of a search warrant.

The accused brought a pre-trial Charter application to exclude the evidence, arguing the search warrant was improperly issued and his right to counsel was delayed.

The court found the search warrant for the vehicle was valid, but the warrant for the residence was invalid.

The court also found a serious breach of the accused's s. 10(b) right to counsel due to a systemic police practice of delaying access to counsel until after a search warrant is executed.

Applying the Grant framework, the court excluded the evidence seized from the vehicle and the accused's statement under s. 24(2) of the Charter.

The accused, a first-time Black offender, was found guilty by a jury of simple possession of 95.6g of cocaine, having been acquitted of possession for the purpose of trafficking.

The Crown sought an 18-month conditional sentence, while the defence sought a suspended sentence.

The court considered the significant quantity of cocaine as an aggravating factor, and the accused's lack of criminal record, compliance with bail, employment, and the impact of anti-Black racism as mitigating factors.

The court imposed a 6-month conditional sentence with strict house arrest conditions, followed by 24 months of probation and 100 hours of community service.

The accused was charged with importing cocaine after 1.44 kilograms of the drug were found in a hidden compartment of his luggage upon arrival at Pearson International Airport from St. Lucia.

The sole issue at trial was whether the accused had knowledge of the drugs.

The court found that the Crown failed to prove knowledge beyond a reasonable doubt, as documentary evidence and testimony established that the accused's bag had been lost for two days in St. Lucia, raising the reasonable inference that third parties planted the drugs.

The accused was acquitted.