Following execution of a search warrant at a Kanata residence, police seized cocaine, crack cocaine, two loaded handguns, ammunition, a money counter, packaging materials, and cash.
The court applied constructive and joint possession principles under s. 4(3) of the Criminal Code and the circumstantial evidence framework to determine which occupant controlled the drugs and firearms found in separate bedrooms.
The court found both respondents jointly in possession of the drugs, but only one respondent in possession of each respective firearm found in his bedroom.
The cocaine was held to be possessed for the purpose of trafficking based on surveillance evidence, packaging materials, a scale, a buffing agent, loaded firearms, and a barricaded door, while the crack cocaine supported only simple possession.
The proceeds of crime allegation relating to $195.00 was not proven.
