Leanne Siu

The accused applied to exclude evidence of 18 kilograms of cocaine, 7 kilograms of crystal methamphetamine, and over $200,000 in cash seized during a drug trafficking investigation.

They alleged multiple Charter violations, including unreasonable search of a condominium parking garage, arbitrary arrest, warrantless entry into a dwelling, and denial of the right to counsel.

The court found that the police did not violate sections 8 or 9 of the Charter, as the accused had no reasonable expectation of privacy in the garage and the police had reasonable grounds for arrest.

However, the court found breaches of section 10(b) due to a failure to hold off questioning and a delay in facilitating access to counsel.

Applying the Grant framework, the court concluded that admitting the evidence would not bring the administration of justice into disrepute and dismissed the application.

The appellant appealed his conviction and sentence for possession of heroin for the purpose of trafficking and conspiracy to possess heroin for the purpose of trafficking.

The primary ground of appeal was the extraordinary delay (over four years) by the trial judge in delivering written reasons for judgment after announcing the verdicts.

The Court of Appeal found that this prolonged delay, coupled with the complexity of the case, rebutted the presumption of judicial integrity and impartiality, rendering the reasons an "after-the-fact justification." Consequently, the convictions were set aside, and a new trial was ordered.

The appellant, Marcia Chambers, appealed her conviction for possession for the purpose of trafficking in cocaine and marijuana.

The appeal focused on the trial judge's instructions to the jury regarding police opinion evidence on the appellant's demeanour and her post-detention silence.

The Court of Appeal found that the trial judge erred by failing to clearly instruct the jury to disregard inadmissible opinion evidence and by not providing a clear instruction that the appellant's silence could not be used against her.

These deficiencies rendered the trial unfair, leading to the quashing of the convictions and the ordering of a new trial.

The court rejected the argument that the verdict was unreasonable, finding sufficient evidence to support a conviction if the jury had been properly instructed.

The accused challenged the validity of search warrants issued for his apartment and vehicle on Charter grounds, arguing that the Information to Obtain (ITO) lacked sufficient grounds to justify the warrants.

The Crown conceded that the redacted ITO was insufficient and sought to rely on unredacted portions protected by informer privilege.

The court applied the Debot criteria to assess whether information from a confidential informant, combined with police investigation and the accused's criminal record, established reasonable and probable grounds to believe the accused unlawfully possessed a firearm.

The court found the information sufficiently compelling, credible, and corroborated to justify the warrant issuance.

The accused's section 8 Charter rights were not infringed.