Nikhil Cooper

Three accused were tried for various drug-related offences following a controlled delivery of a package containing cocaine imported from Suriname.

The package was intercepted by the CBSA and picked up by Williams using fake identification.

Williams transferred the package to Allen, who fled from police.

Nwankwo was later arrested reaching into the trunk of Allen's car where the package was stored.

The court found Williams not guilty on all counts, as the Crown failed to prove he knew the package contained cocaine.

Nwankwo was found guilty of conspiracy to possess cocaine for the purpose of trafficking.

Allen was found guilty of conspiracy to import, possession for the purpose of trafficking, and conspiracy to possess, but not guilty of a separate possession charge relating to cocaine found in his residence.

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.

The offender was found guilty by a jury of importing five kilograms of opium hidden in his suitcases upon returning from Iran.

The court found the offender acted as a courier for commercial profit, but noted his lack of a criminal record, strong community support, and history of gainful employment as mitigating factors.

Balancing the gravity of the offence with the offender's circumstances, the court imposed a sentence of four years' imprisonment.

The accused brought a Section 11(b) Charter application seeking a stay of proceedings for delay in trial.

The charges included sexual assault, sexual interference, and forcible confinement arising from an alleged incident on July 9, 2016.

The court applied the framework established in R. v. Jordan, calculating the net delay and considering whether exceptional circumstances existed.

The court found that while the net delay exceeded the presumptive ceiling of 18 months, a discrete event (court cancellation due to weather in a fly-in community) constituted exceptional circumstances.

After deducting this period, the remaining delay fell below the ceiling.

The court further found that the accused failed to demonstrate that the case took markedly longer than reasonably necessary given local considerations of fly-in court operations.

The application for a stay was dismissed.

The offender pleaded guilty to possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act.

The offender was arrested on September 1, 2017, while on parole for a prior drug and firearm offence.

Police surveillance revealed the offender engaged in drug trafficking activity, resulting in the seizure of 13.95 grams of cocaine and $2,435 in cash.

The offender has an extensive criminal record involving multiple drug trafficking convictions and firearm offences.

The court imposed a sentence of 261 days imprisonment after crediting 189 days of pre-trial detention.

The court declined to credit time spent serving the prior sentence between arrest and warrant expiry.

Ancillary orders included a DNA order, lifetime firearm prohibition, forfeiture of offence-related property, and a victim fine surcharge.