M. Lindsay

The Crown brought a motion under s. 752.1(1) of the Criminal Code for an order remanding the offender for an assessment by a designated expert, Dr. Philip Klassen, for a dangerous offender application.

The offender consented to the assessment but requested that Dr. Paul Fedoroff conduct it instead.

The court held that while the defence may make submissions, the Crown is generally entitled to choose the assessor if the proposed candidate is qualified and available.

The court designated Dr. Klassen, noting concerns that Dr. Fedoroff's previously stated position on treatability could prematurely preclude a dangerous offender designation.

The accused brought Charter applications seeking a stay of proceedings or exclusion of evidence arising from police stops and searches following a 911 report of a domestic dispute and suspected drug trafficking.

Police stopped a vehicle containing approximately 32.5 pounds of marijuana and later stopped a second vehicle carrying cash.

The defence alleged breaches of sections 7, 8, and 9 of the Charter, including arbitrary detention, unreasonable search, loss of a 911 recording, degradation of evidence, and improper commingling of seized drugs.

The court held that the initial stop constituted a lawful investigative detention based on a detailed 911 call from an identified caller and that the officer’s observations and smell of marijuana provided reasonable grounds to arrest and search.

The loss of the 911 recording and evidence-handling issues did not prejudice the accused’s right to make full answer and defence.

The Charter applications were dismissed and the seized evidence ruled admissible.