The appellant was convicted of importing cocaine after returning to Canada from Panama with two suitcases containing 1.5 kilograms of cocaine in secret compartments.
She claimed she was unaware of the drugs.
The Court of Appeal allowed her appeal on the basis that the trial judge admitted inadmissible expert evidence regarding courier knowledge without proper jury instructions, and ordered a new trial.
The court found that expert testimony suggesting couriers know they are carrying drugs constituted impermissible anecdotal evidence under R. v. Sekhon that invited the jury to reason from generalized conclusions about other cases to the appellant's specific state of mind.
