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The accused was convicted of drug trafficking after 87 cocaine pellets were surgically removed.
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.
