M. Capotosto

The accused was charged with possession for the purpose of trafficking.

He brought pre-trial Charter applications alleging violations of his s. 8 and s. 10(b) rights.

The court found the search of a co-accused's cellphone and the tele-warrant for the accused's residence were lawful under s. 8.

However, the court found a serious violation of the accused's s. 10(b) rights because police delayed implementing his right to counsel and elicited self-incriminating statements and assistance in locating drugs during the search.

Applying the Grant framework, the court excluded the statements and the drugs found at the residence under s. 24(2).

The accused pleaded guilty to production of cannabis resin and arson by negligence after a butane extraction laboratory he operated in a residential basement caused an explosion.

The explosion destroyed the house, severely damaged two neighbouring homes, and caused serious burn injuries to the accused.

The court accepted a joint submission from the Crown and defence, sentencing the accused to a global term of three years' imprisonment, reduced to two years and one month after credit for pre-sentence custody and strict bail conditions.