At a preliminary hearing, the Crown sought committal on charges of importing a Schedule I substance (cocaine) under the Controlled Drugs and Substances Act and possession of cocaine for the purpose of trafficking.
The defendant, an international traveler transiting through Toronto International Airport from St. Lucia to the United Kingdom, was stopped by border officials who discovered approximately 3.9 kilograms of cocaine hidden in the linings of his checked luggage.
The defendant admitted the luggage was his, that he had packed it, and was aware of its contents.
The defendant resisted committal arguing insufficient evidence of possession (no proof of knowledge of the hidden drugs), insufficient evidence of mens rea for importing (arguing he was merely in transit and never intended to import into Canada), and insufficient evidence of possession for trafficking purposes (arguing lack of expert evidence regarding quantity thresholds).
The court found reasonable inferences could be drawn from the circumstantial evidence supporting committal on both charges.
