Josephine Baldassi

The accused was charged with possession for the purpose of trafficking, possession of proceeds of crime, and possession of a loaded prohibited firearm after police found a large quantity of drugs, a loaded gun, and $40,000 in cash in a hidden compartment in the trunk of his car.

The Crown's case relied entirely on circumstantial evidence.

The accused testified that he had no knowledge of the hidden compartment or the contraband, suggesting that his former intimate partner or her associates planted the items to frame him.

The court rejected the accused's evidence as unbelievable and found that the only reasonably plausible inference on the totality of the evidence was that the accused had knowledge and control of the contraband.

The accused was found guilty on all counts.

The applicant, charged with firearms and domestic violence offences, brought a Charter motion alleging breaches of his s. 8 and s. 10(b) rights during the police investigation and his subsequent arrest.

He argued that police unlawfully tracked his cell phone, viewed his apartment building's video surveillance, conducted a warrantless 'clear and hold' of his apartment, and delayed implementing his right to counsel.

The court dismissed the s. 8 claims, finding no reasonable expectation of privacy in the ping data or common area surveillance, and that exigent circumstances justified the warrantless entry.

The court found a minor s. 10(b) breach regarding a failure to re-read rights for an additional drug charge, but declined to stay proceedings or exclude evidence under s. 24.