Michael Newell

The accused was charged with possession of cocaine for the purpose of trafficking and multiple firearms and ammunition offences following the execution of a search warrant at an apartment in Oshawa.

Cocaine, two loaded handguns, and ammunition were found hidden under a desk drawer in the bedroom normally occupied by the accused's mother.

The Crown argued the accused had knowledge and control of the contraband.

The defence contended there was no direct evidence linking the accused to the items and that other residents and visitors had access to the bedroom.

The court found that while the accused or his brother likely brought the contraband into the apartment, the evidence did not establish beyond a reasonable doubt which brother was responsible.

The realistic possibility that the brother hid the items without the accused's knowledge was fatal to the prosecution's case.

The defendant brought a Garofoli motion to exclude evidence obtained pursuant to the execution of a search warrant at his mother's residence, alleging a violation of section 8 of the Charter of Rights and Freedoms.

The defendant challenged both his standing to bring the motion and the sufficiency of grounds in the Information to Obtain the warrant.

The court found that the defendant had a reasonable expectation of privacy in the residence and therefore had standing.

The court also found that while the Information contained some deficiencies in disclosure, there was sufficient reliable evidence to support the issuance of the warrant.

Even if the warrant was issued without reasonable and probable grounds, the court would have admitted the evidence under section 24(2) of the Charter, as the administration of justice would not be brought into disrepute.