Matthew Campbell-Williams

The Ontario Court of Justice found that the police lacked objectively reasonable grounds to arrest Blake Correia and Tabatha Hamilton for possession for the purpose of trafficking, resulting in breaches of their section 8 and 9 Charter rights.

The court excluded all evidence seized pursuant to section 24(2) of the Charter, including cocaine, methamphetamine, and other items.

The decision emphasizes the necessity for specific and detailed evidence regarding police experience and the factual basis for reasonable grounds to arrest, particularly in drug trafficking investigations involving surveillance.

The accused, Yonathan Debessay, was charged with possession for the purpose of trafficking crack cocaine, fentanyl, and crystal methamphetamine, and possession of the proceeds of crime over $5,000.

These charges stemmed from drugs found in a stolen car he was driving, with two other occupants, one of whom fled the scene.

Debessay testified, denying knowledge of the drugs and claiming he was temporarily driving the car for an intoxicated acquaintance.

The court found that while aspects of his testimony were implausible, it could not be entirely discounted.

The Crown failed to prove beyond a reasonable doubt that Debessay had knowledge or control of the drugs, or was involved in a joint venture.

Consequently, the accused was acquitted on all counts.

The applicants, Vito Bailey-Ricketts and Victoria Dittmer, brought a pre-trial motion alleging violations of their ss. 8 and 9 Charter rights and seeking the exclusion of evidence obtained from warrantless searches incident to their arrest.

The central issue was whether police had reasonable and probable grounds to lawfully arrest the applicants for possession of a controlled substance for the purpose of trafficking.

The court found that the totality of circumstantial evidence, including wiretaps, surveillance, and location data gathered during "Project Sunder," provided objectively reasonable and probable grounds for the arrests.

Consequently, the arrests did not violate s. 9 of the Charter, and the subsequent searches did not violate s. 8.

The motion was dismissed.