Nicholas Frid

The defendant, Ryan Shepherd, faced four drug trafficking charges and brought a motion to sever counts 3 and 4 from counts 1 and 2, and further to sever count 4 from count 3.

Counts 1 and 2 related to a March 17, 2017, cocaine trafficking allegation, while counts 3 and 4 related to a March 29, 2017, trafficking allegation and a March 30, 2017, possession for trafficking allegation.

Applying the "interests of justice" test under s. 591(3)(a) of the Criminal Code, the court found a rational basis for the defendant to testify on counts 3 and 4 but not on counts 1 and 2, given the differing strength and nature of the Crown's evidence for the two sets of charges.

Consequently, counts 3 and 4 were severed from counts 1 and 2.

However, the court denied the request to sever count 4 from count 3, finding an evidentiary overlap and no sound reason for further severance, as the defendant intended to testify on both.

The accused brought a s. 8 Charter application seeking to exclude drugs seized during his arrest, arguing the search warrant for his alleged residence lacked sufficient grounds.

The court found that while the redacted Information to Obtain (ITO) was deficient and resulted in a s. 8 breach, the accused's standing was based solely on the Crown's theory of residency, which he later disavowed at trial.

Applying the Grant framework under s. 24(2), the court concluded there was no police misconduct in obtaining the warrant and the breach was purely technical.

The application to exclude the evidence was dismissed.

The defendant, Christopher Lee Allan, was charged with possession of fentanyl, crystal methamphetamine, and hydromorphone for the purpose of trafficking.

He admitted to trafficking crystal methamphetamine but claimed personal use for the fentanyl and hydromorphone.

The court considered expert evidence on drug quantities and typical usage, which largely contradicted the defendant's claims for personal use of fentanyl.

However, due to uncertainties regarding the purity of the fentanyl, its potency when inhaled, and the impact of long-term usage on tolerance, the court found reasonable doubt regarding the trafficking intent for fentanyl and hydromorphone.

Applying the R. v. W.D. framework, the defendant was convicted of possession of crystal methamphetamine for the purpose of trafficking, and the lesser included offences of possession of fentanyl and hydromorphone.