2 total
The court convicted the accused of various firearms and drug trafficking offences based largely on expert interpretation of coded wiretap and text message evidence.
Three accused were tried on 42 counts involving firearms trafficking, drug trafficking, and related offences arising from Project Lancaster, a two-year investigation spanning January 2009 to March 2011.
The Crown relied heavily on wiretap evidence, text messages, surveillance, undercover operations, and expert testimony regarding firearms and drug terminology.
The court convicted the accused on various counts including offering to transfer firearms, conspiracy to traffic marijuana, possession of marijuana for trafficking purposes, and possession of proceeds of crime.
Key issues included the interpretation of coded language in communications, the definition of "firearm" without physical recovery, and the elements of conspiracy in buy-sell drug transactions.
Evidence excluded after police conducted warrantless searches of condominium common areas in bad faith.
The applicant, charged with drug offences, brought a Charter application to exclude evidence seized from his condominium unit.
Prior to obtaining a search warrant, police officers entered the common areas and storage locker area of the applicant's condominium building without permission to gather information.
The court found that the applicant had a reasonable expectation of privacy in the common areas and storage units, and that the warrantless police entry constituted an unreasonable search under s. 8 of the Charter.
Applying the Grant framework under s. 24(2), the court concluded that the police acted in bad faith by ignoring the Trespass to Property Act, and that admitting the evidence would bring the administration of justice into disrepute.
The evidence was excluded.
