Hafeez S. Amarshi

The appellant appealed his conviction entered by the Superior Court of Justice on July 4, 2016.

The principal issue was whether the trial judge erred in finding that a reasonable person in the officer's position would have believed reasonable and probable grounds existed to arrest the appellant.

The Court of Appeal upheld the trial judge's analysis, finding that she stated the correct test, correctly examined the totality of the circumstances, and that those circumstances supported the objective reasonableness of the search.

The appeal was dismissed.

In a criminal trial for possession for the purpose of trafficking, the defendant alleged police planted drugs.

The Crown did not call Officer Dobbs, a search team member facing an outstanding assault charge (ABH) from an unrelated incident where a prior judge made negative credibility findings against him.

The defence sought to call Officer Dobbs and cross-examine him on the ABH charge details to impeach his credibility.

The court ruled that the defence could call Officer Dobbs and cross-examine him from the outset, citing the interests of justice and the Crown's strategic decision not to call him.

However, the scope of cross-examination on the ABH charge details was limited by the collateral fact rule and the principle against introducing prior judicial credibility findings (Ghorvei), preventing the jury from inferring guilt or prior disbelief.

The appellant appealed his conviction for possession of cocaine.

The trial judge had found the appellant in possession of cocaine concealed under the driver's seat of the vehicle he was driving.

The Crown conceded that the trial judge erred in considering that the appellant was in the presence of a person known to be an active member of the drug trade.

The Court of Appeal applied the proviso, finding that the other factors established beyond a reasonable doubt that the appellant was in possession of the cocaine.

The appeal was dismissed.

The accused was convicted of possession for the purpose of trafficking in Methylone, Ketamine, and Cannabis.

An application to exclude evidence under the Charter was dismissed.

The court considered sentencing objectives of denunciation and deterrence, noting the commercial nature of the drug enterprise and the lack of significant mitigating factors.

A total sentence of 23 months incarceration was imposed, reduced to 8 months after credit for pre-sentence custody, followed by two years of probation with specific conditions, a 10-year weapons prohibition, and a DNA order.

Deepu Sawh, charged with four counts of trafficking crack cocaine, sought a judicial stay of proceedings based on entrapment after the Crown closed its case and guilt was admitted.

The application was dismissed.

The court found that the police had reasonable suspicion to investigate Sawh based on a detailed and reliable confidential informant tip, and the undercover officer's initial interaction was a legitimate investigative step, not an inducement.

The court emphasized that the reasonable suspicion inquiry should focus on the collective knowledge of the investigative team.

Four defendants charged with possession for the purpose of trafficking marijuana and related offences arising from a grow operation investigation applied for a stay of proceedings pursuant to section 11(b) of the Canadian Charter of Rights and Freedoms on grounds of unreasonable trial delay.

The defendants had been before the court for approximately 21.5 months.

The court conducted a detailed analysis of the delay, allocating it among inherent delay, actions of the accused, actions of the Crown, and institutional resource limitations.

The court found that the total delay attributable to the Crown or systemic factors was 8 months and 19 days, which fell within the Askov/Morin guidelines of 8 to 10 months.

The court determined that the prejudice suffered by the defendants was modest and that society's interest in a trial on the merits outweighed the defendants' interest in prompt adjudication.

The application was dismissed.