2 total
Circumstantial evidence did not exclude sole possession by the co-occupant.
The appellant challenged convictions for possession of controlled substances for the purpose of trafficking arising from drugs found during an inventory search of a vehicle he was occupying.
Applying the circumstantial-evidence framework for constructive possession, the court held the trial judge erred by treating guilt as a reasonable inference rather than the only reasonable inference available on the whole of the evidence.
The evidence was equally consistent with sole possession by the co-occupant, particularly because the drugs were concealed in a backpack linked by DNA to that person and there was no evidence of the appellant handling the backpack or participating in trafficking activity.
The convictions were therefore unreasonable and were set aside, with an acquittal entered.
Appeal of police disciplinary decision dismissed; hearing impairment adequately accommodated and notice of hearing sufficient.
The appellant appealed a Hearing Officer's decision finding the respondent police officer not guilty of discreditable conduct.
The appellant argued that the Notice of Hearing was inaccurate and that her hearing impairment prevented her from fully participating in the hearing.
The Ontario Civilian Police Commission dismissed the appeal, finding that the Notice of Hearing provided reasonable notice and that the Hearing Officer took sufficient steps to accommodate the appellant's hearing impairment, ensuring procedural fairness.
