N. Martin

The accused, an off-duty Peel Regional Police officer, was charged with possession of a controlled substance (cocaine) following a motor vehicle accident.

The Crown alleged the accused knowingly possessed crack cocaine and powder cocaine found in his briefcase.

The accused testified that he had lawfully seized the drugs during a residential raid conducted in his capacity as a police officer, inadvertently failed to submit them at shift end, and subsequently retained them with the intent to submit them for lawful destruction.

The central legal issue was whether the accused's possession fell within the regulatory protection afforded to police officers under the Narcotic Control Regulations.

The accused brought a motion to amend his Charter Notice to add relief pursuant to sections 9 and 10(a) of the Canadian Charter of Rights and Freedoms after the Crown had closed its case at trial.

The motion was brought on the basis of simple oversight by defence counsel.

The court denied the application, finding that while the accused has a right to make full answer and defence, the late timing of the application, the prejudice to the Crown, the impact on judicial resources, and the availability of alternative remedies through section 24(2) analysis of the properly served section 8 claim warranted denial of the motion.