The defendants were jointly charged with possession of fentanyl and p-Fluorofentanyl for the purpose of trafficking, following the execution of a search warrant at an apartment.
The Crown relied on circumstantial evidence to prove possession.
The court found that the primary tenant had constructive possession of the drugs based on his connection to the apartment, a backpack containing drugs, and hidden cash.
However, the court acquitted the co-accused, who was found sleeping in the apartment during the raid, concluding there was insufficient evidence to prove he had knowledge or control of the drugs or a prohibited weapon found on the premises.
The co-accused was also acquitted of a breach of release order charge.
