The appellant was convicted of importing heroin contrary to s. 6(1) of the Controlled Drugs and Substances Act after approximately 11 kilograms of heroin were found in a suitcase he carried into Canada from South Africa.
On appeal, the appellant challenged the trial judge's findings of fact and credibility, alleged a miscarriage of justice from the Crown's purported withholding of exculpatory evidence on his electronic devices, and sought to introduce evidence regarding COVID-19 entry restrictions as new evidence.
The Court of Appeal found no reversible error in the trial judge's assessment, held there was no Crown disclosure failure, and determined the COVID-19 restrictions argument had already been considered at trial and was not determinative.
