The accused was charged with possession of cocaine for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.
The accused brought a Charter application alleging breaches of sections 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms.
The court found no breach of sections 8 and 9, but found a breach of section 10(b) regarding the failure to inform the accused of his right to counsel.
However, the court concluded that the evidence was not obtained in a manner causally connected to the Charter breach and therefore section 24(2) did not apply.
The court found the accused guilty of the offence based on evidence establishing possession of a large quantity of cocaine (approximately 731.77 grams including packaging) that was ingested and surgically removed, with expert evidence establishing the quantity was inconsistent with personal use and consistent with trafficking.
