Jordan Gold

The applicant pled guilty to drug trafficking offences but sought a stay of two counts of cocaine trafficking, alleging entrapment.

He argued police lacked reasonable suspicion that he was trafficking cocaine before providing him the opportunity to sell it to an undercover officer.

The court dismissed the application, finding that police had formed the requisite reasonable suspicion based on reliable confidential informant tips, extensive surveillance, and the applicant's own statements to the undercover officer prior to the drug transaction.

The Crown appealed the respondent's acquittal for an 'over 80' offence.

The trial judge had excluded breath samples under s. 24(2) of the Charter, finding two breaches of s. 10(b) because the police did not allow the respondent to call a police officer friend to get a lawyer's name, and because the police told him he could call his own lawyer, duty counsel, or no lawyer.

The Summary Conviction Appeal Court found the trial judge erred in law.

The police had no obligation to facilitate a call to a third party when the detainee did not explain the reason, and the information provided about the right to counsel was not misleading.

The appeal was allowed, the acquittal set aside, and a conviction entered.