The appellant was convicted of importing fentanyl and possession for the purpose of trafficking after a controlled delivery of a package from China.
On appeal, she raised several grounds, including errors in jury instructions on importing, circumstantial evidence, and after-the-fact conduct, as well as the unreasonableness of the verdicts.
The Court of Appeal dismissed these grounds but allowed the appeal based on two errors: the trial judge improperly permitted the Crown to invite an adverse inference against the appellant for testifying after another defence witness, and the trial judge erred in dismissing the appellant's application to adduce evidence of a known third-party suspect.
The convictions were set aside and a new trial was ordered.
