The accused was charged with possession of cocaine in Milton on February 27, 2015.
The Crown proceeded summarily.
The accused pleaded not guilty and sought to exclude evidence pursuant to section 24(2) of the Canadian Charter of Rights and Freedoms, alleging violations of sections 8, 9, and 10(b).
The court conducted a blended hearing on both the Charter application and the trial.
The court found that police had reasonable and probable grounds to arrest the accused for marijuana possession based on the smell of burnt marijuana and visible flakes in the vehicle.
The court rejected the accused's testimony as unbelievable and found that the accused's right to counsel was not infringed.
The court found the accused's statements to police were made voluntarily.
The court convicted the accused of possession of cocaine, finding all essential elements of possession established beyond a reasonable doubt.