Doug Culver

At a preliminary inquiry into Project Neebing, the Crown sought to commit the defendant to stand trial on seven charges including trafficking in cocaine and production of methamphetamine.

The defendant was discharged on the marijuana possession charge but the Crown sought to proceed on two disputed counts.

The court found sufficient evidence that a properly instructed jury could convict on both the trafficking and production charges based on circumstantial evidence, including intercepted communications, surveillance, and physical evidence of drug production materials and controlled substances seized from two residences associated with the defendant.

The applicants sought an order in the nature of certiorari to quash their committal to stand trial on a charge of production of Ephedrine.

They argued the preliminary hearing judge exceeded his jurisdiction by finding the added count arose from the same transaction as the original charges and by finding sufficient evidence for committal.

The Superior Court of Justice dismissed the application, holding that the preliminary hearing judge correctly applied the 'same transaction' rule under s. 548(1)(a) of the Criminal Code and properly assessed the circumstantial evidence in determining there was sufficient evidence to commit the applicants to trial.