The Crown appealed acquittals entered on criminal organization counts and the quashing of a possession-for-trafficking conviction.
The Court held the possession verdict was unreasonable because the evidentiary nexus between the seized cocaine and the accused’s conspiracy was not proven.
It further held that the accused was not a member of the trafficking group for purposes of membership-based liability under the organized-crime provisions.
However, the Court found the trafficking offence was committed in association with the organization because the accused knowingly supplied and supported its operations.
The appeal was therefore allowed only to restore the conviction on the association-based count.
