Anjie Tarek-Kaminker

The appellant appealed her convictions for drug trafficking and her 4-year custodial sentence.

She argued the trial judge erred in dismissing her application for a stay of proceedings under s. 11(b) of the Charter by mischaracterizing periods of delay, including those related to COVID-19 and a missing Information.

The Court of Appeal found no reviewable error in the trial judge's attribution of delay to the defence and exceptional circumstances.

The sentence appeal was also dismissed, as the 4-year sentence was below the established range for mid-level cocaine trafficking and the trial judge made no error in principle in rejecting a conditional sentence.

The appellants were convicted by a jury of importing cocaine and possession for the purpose of trafficking after a controlled delivery of a package containing cocaine hidden in food items.

On appeal, they argued the verdicts were unreasonable because the importation was complete before they handled the package, and that the circumstantial evidence did not prove they knew the package contained drugs.

They also argued the trial judge erred in leaving wilful blindness with the jury.

The Court of Appeal dismissed the appeals, finding that the ultimate domestic recipient was the importer, the circumstantial evidence supported the jury's inference of knowledge, and the inherently suspicious circumstances justified the wilful blindness instruction.