The accused was charged with possession of more than 30 grams of marijuana, possession of under 3 kilograms of marijuana for the purposes of trafficking, and trafficking.
Following a RIDE checkpoint stop where the officer detected a strong odour of marijuana, the accused's vehicle was searched and five one-pound bags of marijuana were found in the trunk.
The court found the accused guilty of possession and possession for the purpose of trafficking, but dismissed the trafficking charge due to lack of evidence of actual trafficking.
The court rejected Charter arguments regarding the lawfulness of the arrest and search, finding the officer had reasonable and probable grounds based on the odour of marijuana combined with other observations.
The court also found no breach of the right to counsel despite a brief delay in providing the caution.
