Cindy-Lynn Afonso

The appellant appealed his convictions for possession of cocaine for the purpose of trafficking, possession of marihuana, and possession of proceeds of crime, arguing the verdicts were unreasonable as they were based merely on his proximity to concealed drugs and money in a rental car.

The Court of Appeal dismissed the appeal, finding that the circumstantial evidence, including the quantity and value of the drugs, the appellant's continuous cell phone use, and the location of the contraband, supported the trial judge's inference that the appellant had knowledge of and control over the drugs and money.

The appellant was arrested on the street and found in possession of cocaine, marijuana, and cash.

At trial, the judge found there were grounds to detain and eventually arrest the appellant, and convicted him of drug offences.

On appeal, the Court of Appeal found the trial judge erred by conflating the grounds for detention with the grounds for arrest.

The Court held that the arresting officer lacked objectively reasonable grounds to arrest the appellant based merely on observing a hand gesture and the appellant holding his hand closed.

Finding a breach of section 9 of the Charter, the Court applied the Grant framework and excluded the drug evidence under section 24(2), quashing the convictions and entering acquittals.