J. Meloche

The co-accused brought a motion for a directed verdict of acquittal on charges of possession of marijuana and heroin for the purpose of trafficking, and possession of proceeds of crime.

The Crown relied on circumstantial evidence to establish constructive or joint possession, as the co-accused was not present during the search of the residence where the drugs and currency were found.

The court dismissed the motion regarding the drug charges, finding sufficient circumstantial evidence of knowledge and control based on the open visibility of the drugs and the presence of her personal belongings.

However, the court granted the motion regarding the proceeds of crime charge, as the currency was hidden and there was insufficient evidence to infer her knowledge and control.

The applicant, charged with drug trafficking and related offences, brought a Charter application to exclude evidence seized during a search of his residence.

He argued that the Information to Obtain (ITO) the search warrant contained inaccurate information, material omissions, and relied on an untested confidential informant, thereby violating his rights under sections 7 and 8 of the Charter.

The court reviewed the ITO, including amplification evidence from cross-examinations, and concluded there were no intentional misstatements meant to mislead the authorizing Justice.

The court found that the cumulative evidence, including police surveillance and informant tips, provided reasonable grounds to issue the warrant.

The application was dismissed.