Jennifer Lynch

The accused, charged with drug trafficking offences, brought Charter applications under ss. 8, 10(a), and 10(b) to exclude evidence seized during the execution of a search warrant at a residence and a pat-down search.

The accused challenged the sufficiency of the redacted Information to Obtain (ITO) based on a confidential informant's tip.

The court found the judicial summary sufficient for the accused to make full answer and defence and upheld the search warrant's validity.

The court also dismissed the s. 10(a) and 10(b) claims, finding the brief delay in advising the accused of his right to counsel during a pat-down search was justified by officer safety, and the delay in implementing the right to counsel was reasonable given the circumstances.

The applications were dismissed.

The applicant brought a pre-trial motion seeking the exclusion of evidence (drugs and firearms) seized during the execution of a search warrant at his residence, alleging violations of his rights under sections 7, 8, and 10(b) of the Charter.

The applicant argued the Information to Obtain (ITO) lacked sufficient evidence to ground a reasonable belief for the search, and that police violated his right to counsel by delaying access, failing to hold off on questioning, and delaying notification of additional charges.

The court dismissed the applications, finding the ITO contained compelling, credible, and corroborated information from confidential informants.

The court also found no section 10(b) breaches, concluding that the delay in accessing counsel was reasonable to ensure privacy, the questioning was justified by officer safety, and the delay in notifying the applicant of new charges did not impact his Charter-protected interests.

The accused was charged with possession of crack cocaine, possession of crack cocaine and fentanyl for the purpose of trafficking, and possession of proceeds of crime following the execution of a search warrant at a residence.

The Crown relied on circumstantial evidence to prove constructive possession of drugs and cash found in a basement bedroom closet.

The court found the accused guilty of possession of crack cocaine for the purpose of trafficking and possession of proceeds of crime, relying on the presence of his wallet, mail, and male clothing in the room.

The court found the accused not guilty of possession of fentanyl for the purpose of trafficking, but guilty of the lesser included offence of simple possession.