The accused was charged with possession of cocaine for the purpose of trafficking.
Six days before the scheduled trial, the defence brought a Charter application seeking to exclude the drugs and money seized, but failed to file an Application Record or Book of Authorities as required by the Criminal Proceedings Rules.
The Crown brought an application to dismiss the defence's Charter application under Rule 34.03.
The court granted the Crown's application, finding that the defence's non-compliance with the rules was serious and prejudicial to the Crown, the history of the proceedings showed numerous missed opportunities to bring the application, and the Charter application itself had little to no merit.
