Julie Santarosa

The accused, Matthew Christopher Reis, was charged with possession of a Schedule I substance (crystal methamphetamine) for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act.

The trial turned on whether Mr. Reis had knowledge and control of the drugs found in a brown purse he was holding during a medical emergency involving another individual.

The court found that while Mr. Reis had control of the purse, the evidence did not establish beyond a reasonable doubt that he had knowledge of its contents.

Mr. Reis was acquitted.

The appellant, Ronald Contreras, appealed a sentence imposed for breach of probation.

The sentencing judge departed from a joint submission by adding a 12-month probation order with an absolute abstinence condition for alcohol and illegal substances.

The appeal focused on the trial judge's failure to defer to the joint submission, inadequate consideration of Gladue principles, insufficient opportunity for counsel to make submissions, and inadequate reasons for sentence.

The Superior Court found multiple errors in principle, including a lack of understanding of Gladue principles and the high threshold for rejecting joint submissions.

The appeal was allowed, and the probation order was deleted.