The accused was charged with possession of marijuana for the purpose of trafficking following a police investigation based on information from a confidential informant.
Police conducted surveillance, observed the accused retrieving a duffle bag from a residence, and arrested him.
The court found no violation of s. 9 (arbitrary detention) or s. 8 (unlawful search) of the Charter, as the arrest was supported by reasonable and probable grounds based on the informant's information combined with police observations.
However, the court found a violation of s. 10(b) rights (right to counsel) due to a ten-hour delay in allowing the accused to contact counsel.
The court convicted the accused of simple possession of marijuana, finding that the Crown failed to prove the marijuana was possessed for the purpose of trafficking, as the expert evidence regarding THC degradation was insufficiently established.
