Myfanwy Smith

The accused was charged with possession of fentanyl for the purpose of trafficking after police executed search warrants at a residence and on her vehicle, finding significant quantities of fentanyl, cocaine, and cash.

The Crown's case relied on circumstantial evidence to prove constructive possession.

The court found that while there was a high suspicion of the accused's involvement in the trafficking operation, the Crown failed to prove beyond a reasonable doubt that she had knowledge and control of the drugs, as other individuals had access to the residence and vehicle.

The accused was found not guilty.

The accused, who held federal licences to cultivate marijuana, was charged with drug trafficking offences following a nine-month police investigation sparked by a confidential informant.

Police executed search warrants at the accused's home and licensed grow operation, seizing cannabis, controlled substances, and other evidence.

The accused brought a Charter s. 8 application to exclude the evidence, arguing the Information to Obtain (ITO) lacked reasonable and probable grounds to search those locations.

The court dismissed the application, finding the ITO established a credibly-based probability that evidence would be found at the locations based on surveillance, garbage pulls, and financial tracking.

The court further held that even if a breach occurred, the evidence would not be excluded under s. 24(2) of the Charter.

The accused was charged with possession of cocaine for the purpose of trafficking after police found drugs in a locked tool box at a business unit he frequented.

The Crown's case was entirely circumstantial, relying on the accused's access to the unit, a hidden compartment in his vehicle, and surveillance evidence suggesting drug dealing.

The court found that while it was highly likely the accused was trafficking drugs, the evidence was insufficient to prove beyond a reasonable doubt that he had knowledge and control of the specific cocaine found in the tool box, as others also had access to the unit.

The accused was acquitted.

The defendants were jointly charged with trafficking in various drugs and possession of proceeds of crime after police executed a search warrant at their rural hobby farm.

Police found over $800,000 worth of drugs and $82,000 in cash buried in a drive shed, along with packaging materials and scales in the main residence.

The court found that the circumstantial evidence, including matching containers found in the residence and the drive shed, established beyond a reasonable doubt that the defendants had constructive and joint possession of the drugs and currency.

The defendants were found guilty of possession for the purpose of trafficking, simple possession, and possession of proceeds of crime.