The accused, who are Indigenous persons, were charged with possessing cannabis for the purpose of selling it at unlicensed dispensaries located on First Nations reserves.
The Crown conceded a section 8 Charter breach regarding one dispensary due to the improper use of a telewarrant, but the court admitted the evidence under section 24(2) of the Charter.
For the other two dispensaries, the court found the search warrants valid despite minor inaccuracies in the premises descriptions.
The court found the essential elements of the offences proven but refrained from entering convictions pending a constitutional challenge.
