The accused was charged with possession of oxycodone and morphine for the purpose of trafficking following an undercover police operation.
The accused brought a Charter application challenging his warrantless arrest and the subsequent search incident to arrest.
The court dismissed the application, finding the police had reasonable and probable grounds to arrest based on the undercover transactions.
At trial, based on expert evidence that the quantity of drugs was consistent with personal use for an addict, the court found a reasonable doubt regarding the purpose of trafficking.
The accused was acquitted of possession for the purpose of trafficking but convicted of simple possession.
