The appellant, convicted of five counts of possession of a controlled substance for the purpose of trafficking, one count of simple possession, and two counts of breach of probation, appealed his convictions and sought leave to appeal his sentence.
The primary ground of appeal challenged the trial judge's dismissal of a pre-trial Charter application, arguing that his warrantless arrest and subsequent search violated his ss. 8 and 9 Charter rights due to a lack of reasonable and probable grounds.
The appellant also contended that the trial judge erred in concluding that seized fentanyl and fentanyl/cocaine mixture were for the purpose of trafficking.
The Court of Appeal dismissed both the conviction and sentence appeals, affirming the trial judge's finding of reasonable and probable grounds for arrest based on the totality of circumstances, including confidential informant information and police surveillance.
The court also upheld the trafficking convictions, finding the evidence overwhelming despite a minor error by the trial judge regarding a concession.
