Janelle Belton

The applicant brought a Charter application alleging breaches of his ss. 7, 8, 9, and 10(b) rights during the execution of a search warrant at an apartment where he was a found-in.

The police discovered approximately 1.3 kgs of fentanyl in the apartment and smaller quantities of drugs and cash on the applicant.

The applicant alleged police used excessive force by tackling and punching him, and conducted an unreasonable search.

The Crown conceded a s. 10(b) breach due to a 30-minute delay in providing rights to counsel.

The court dismissed the other Charter claims, finding the police use of force and manner of detention were reasonable given the dynamic and potentially volatile situation.

The court declined to stay the proceedings or exclude the evidence under s. 24, concluding the physical evidence was not obtained as a result of the s. 10(b) breach and its admission would not bring the administration of justice into disrepute.

The appellant was convicted of conspiring to import narcotics in association with a criminal organization.

On appeal, he argued the trial judge erred in his jury instructions regarding the co-conspirator's exception to the hearsay rule (the Carter analysis) and that the conspiracy conviction was inconsistent with his acquittal on a related trafficking charge.

The Court of Appeal dismissed the appeal, finding the jury instructions were functional and not confusing, and that the disparate verdicts were intelligible given the distinct evidence and theories for each charge.