Detective Constable Sean Moxham

The accused was found slumped on a trail by police, exhibiting signs of a drug overdose.

While attempting to assist him and locate identification for paramedics, police discovered a large quantity of cash and drugs in his pockets and knapsack.

The accused argued the search violated his s. 8 Charter rights and sought exclusion of the evidence under s. 24(2).

The court assumed a breach but admitted the evidence, finding the police were acting in a caretaking capacity during a medical emergency.

The court rejected the accused's testimony that he stole the drugs to commit suicide, finding it uncredible, and convicted him of possession for the purpose of trafficking and possession of proceeds of crime.

The accused was charged with trafficking cocaine and conspiracy to traffic cocaine.

The Crown's case relied on intercepted communications, police surveillance, two cocaine seizures, and expert evidence on drug terminology.

The court found that the intercepted communications, which heavily featured drug slang, established beyond a reasonable doubt that the accused was part of an ongoing buy-sell conspiracy to traffic cocaine from the Greater Toronto Area to Sudbury.

The accused was convicted on both counts.