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The accused was convicted of drug trafficking based on constructive possession, with the court declining to exclude evidence despite a Charter breach for a lost police video.
The decision addresses the admissibility and weight of evidence in a drug trafficking prosecution, focusing on the negligent loss of a police entry video documenting the state of the apartment before a search.
The court finds a breach of section 7 of the Charter due to unacceptable police negligence but declines to exclude the evidence, instead giving reduced weight to the testimony of the officers responsible.
The accused is found guilty on the drug trafficking counts but acquitted on the proceeds of crime count.
