Detective Richard Duffus

In a judge-alone criminal trial for conspiracy to traffic in controlled substances, the Crown sought to qualify a police detective as an expert on drug trafficking practices, characteristics of controlled substances, and coded drug language.

The defence challenged qualification and admissibility on the basis of alleged bias, lack of impartiality, and inadequate appreciation of the expert's role, relying on aspects of the witness's report and cross-examination concerning hypothetical scenarios.

Applying the White Burgess and Abbey framework, the court held that the expert understood and accepted his duty to the court, that the defence had not shown a realistic concern that he would fail to comply with that duty, and that any weaknesses went to weight rather than admissibility.

The court further held that the probative value of the proposed evidence significantly outweighed any prejudice and admitted the expert evidence, subject to brief submissions on whether one portion of the proposed expertise description should remain.

Ashley Gallie, a pharmacy technician, was sentenced for multiple criminal and drug charges, including theft over $5,000 and possession of oxycodone for the purpose of trafficking, arising from stealing large quantities of oxycodone from two pharmacies where she was employed.

The court found her guilty of possession for the purpose of trafficking for the first pharmacy (Nova) but not for the second (IDA), accepting her addiction but rejecting her claim of sole personal use for all stolen drugs.

The sentencing considered aggravating factors such as breach of trust and the large quantity of drugs, and mitigating factors including her lack of prior record, addiction, and family circumstances.

A penitentiary sentence of four years and six months was imposed for possession for the purpose of trafficking, with concurrent sentences for other charges.

Following a wiretap prosecution involving multiple accused, the court considered conspiracy, firearms trafficking by offer, drug trafficking conspiracy, robbery conspiracy, and criminal organization allegations arising from intercepted jail and street communications.

The court acquitted on the firearm conspiracy counts after finding a reasonable doubt whether one accused merely pretended to agree, but convicted that accused of offering to transfer a firearm because he made a genuine-looking offer perceived as such by the recipient.

A co-accused's guilty plea to conspiracy to traffic in a controlled substance was narrowed on the facts to cocaine rather than heroin.

The court rejected the robbery conspiracy and criminal organization allegations, holding the evidence showed loosely connected criminal conduct and friendship networks rather than the structure, continuity, and cohesion required for a criminal organization.

The accused was charged with drug trafficking and firearms offences following the execution of a search warrant at his apartment.

He admitted to possessing 6.79 grams of fentanyl found on his person, but denied possessing other drugs and a restricted firearm found in the apartment.

A defence witness testified that the apartment drugs and firearm belonged to her and that she had hidden them there without the accused's knowledge.

The court found the accused guilty of possessing the fentanyl on his person for the purpose of trafficking, citing the quantity and indicia of trafficking.

However, applying the W.(D.) framework, the court found the defence witness's testimony raised a reasonable doubt regarding the items found in the apartment, resulting in acquittals on the remaining charges.