At a preliminary inquiry, the Crown sought committal on two counts: possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act, and simple possession of oxycodone contrary to s. 4(1).
The accused was arrested following six weeks of police surveillance and a search warrant executed at a residence.
Police seized cocaine and oxycodone from the residence and dime bags of cocaine from the accused's person.
The court discharged the accused on both counts, finding that while the Crown's theory was plausible, the evidence was fatally deficient in detail necessary to support the essential elements of knowledge and control of the drugs found in the residence.
The court emphasized that the Crown's case relied on circumstantial evidence that lacked sufficient foundational facts, including inadequate evidence of the accused's exclusive or primary connection to the residence and the specific rooms where drugs were secreted.