Rosol Al-Hakim

On a pre-trial application in a cocaine importation prosecution, the accused sought exclusion of a Panamanian laboratory report identifying the seized substance as cocaine, together with related foreign investigative documents obtained under mutual legal assistance procedures.

The court held that s. 36(1) of the Mutual Legal Assistance in Criminal Matters Act permits admission of foreign records containing opinion evidence and does not exclude expert opinion evidence from its scope.

Applying the court’s gatekeeper role and reasoning by analogy to analyst-certificate jurisprudence, the court found no evidentiary basis to doubt the accuracy or reliability of the Panamanian testing process.

The court further held that s. 657.3 of the Criminal Code did not govern because the evidence was tendered under the MLACMA, and in any event the Mohan criteria were satisfied.

The application to exclude both the expert report and the other Panamanian materials was dismissed.

The accused was tried for multiple offences relating to the possession of a loaded prohibited firearm and Ketamine found in a vehicle he was driving.

The accused argued he had no knowledge of the contraband, and a passenger testified that the items belonged to him.

The court rejected the passenger's evidence as not credible and found that the accused, as the principal driver, had constructive possession of the items.

Alternatively, the court found the accused was wilfully blind to the presence of the firearm.

The accused was found guilty on all remaining counts.