The accused, a truck driver, was charged with importing cocaine into Canada and possession of cocaine for the purpose of trafficking after 69 kilograms of cocaine were discovered hidden in bins of oranges in his trailer at the border.
The central issue at trial was whether the accused knew about the cocaine concealed within the load.
The court relied heavily on physical and forensic evidence, including suitcase wheel impressions on the lids of the orange bins matching suitcases found in the accused’s truck cab.
The court rejected the accused’s explanation that he found the suitcases in the garbage and concluded the suitcases were used to transport the cocaine across the loaded bins before concealment.
Applying the W.(D.) framework, the court found the accused’s testimony neither credible nor capable of raising a reasonable doubt and held the Crown proved knowledge and control of the drugs beyond a reasonable doubt.
