Mindy Caterina-Neufeld

The accused, a registered confidential informant, was charged with serious drug offences after receiving a package containing illicit drugs via a controlled delivery.

The accused testified they did not know the package contained drugs and had attempted to contact their police handler about their suspicions.

The court acquitted the accused, finding the Crown failed to prove knowledge or wilful blindness beyond a reasonable doubt.

Alternatively, the court granted a stay of proceedings under section 24(1) of the Charter, finding the police committed an egregious abuse of process by breaching informer privilege, involving the accused's handlers in the arrest, and releasing the accused into a dangerous situation to further the investigation.

During a blended voir dire in a prosecution for possession for the purpose of trafficking and possession of proceeds of crime, the Crown sought to admit a videotaped police interview with the accused.

The court assessed whether the Crown had proven beyond a reasonable doubt that the statement was voluntary under the common law confessions rule.

The evidence showed the interviewing officer repeatedly suggested that providing information was required for the accused’s bail report and failed to provide a police caution informing the accused that statements could be used against him at trial.

Considering the inducement relating to bail and the absence of a caution, the court found a reasonable doubt about voluntariness.

The statement was ruled inadmissible.