M. Chernovsky

The accused was charged with importing cocaine after arriving at Pearson Airport with eight suitcases containing over 40 kilograms of cocaine concealed in the lining.

The accused testified that her cousin provided the luggage and she was unaware of the drugs, having inspected the bags when she became suspicious but finding nothing.

The court applied the W. (D.) framework and the doctrine of wilful blindness, concluding that the accused took reasonable steps to allay her suspicions and the Crown failed to prove wilful blindness beyond a reasonable doubt.

The accused was acquitted.

The accused applied under s. 24(2) of the Charter to exclude a loaded handgun and ammunition discovered during a warrantless arrest on a TTC bus, arguing breaches of ss. 7, 8, and 9 due to lack of reasonable and probable grounds.

Police had acted on information from a confidential informant and later obtained a search warrant for the accused’s residence.

The court applied the Garofoli “step six” procedure, relying on a judicial summary and reviewing the unredacted information to obtain to assess whether sufficient disclosure had been provided while preserving informant privilege.

Applying the Debot framework, the court found the informant’s information compelling and credible, though only minimally corroborated, and held that reasonable and probable grounds for arrest existed.

The search incidental to arrest was therefore lawful and the application to exclude the firearm evidence was dismissed.