J. Mitschele

The accused, charged with importing cocaine, brought a motion for a directed verdict at the close of the Crown's case.

The accused argued there was no evidence he caused his suitcase to clear customs or intended to import the drugs, as he was merely transiting through Canada to London.

The Superior Court of Justice dismissed the motion, finding that the actus reus of importing commences when drugs cross the border into Canada, and the mens rea requires only an intention to bring the drugs into Canadian territory, not an intention to clear customs.

The court concluded there was sufficient evidence for a properly instructed jury to find the accused guilty.

The Crown applied for certiorari to quash a preliminary inquiry judge's order discharging the accused on charges of possession of methamphetamine for the purpose of trafficking.

The accused was a passenger in a vehicle where a bag containing two kilograms of methamphetamine was found.

The reviewing court held that the preliminary inquiry judge committed jurisdictional error by weighing competing inferences rather than drawing the inference most favourable to the Crown regarding joint possession, and by failing to consider the whole of the circumstantial evidence.

The application was granted, the discharge quashed, and mandamus issued directing committal for trial.