Court of Appeal for Ontario
Judges: Rosenberg, Juriansz and Epstein JJ.A.
Between:
Her Majesty the Queen Respondent
and
Kayla Holmes Appellant
Counsel: Erika Chozik, for the appellant Christopher Greene, for the respondent
Heard and released orally: March 7, 2013
On appeal from the conviction entered on December 16, 2011 by Justice Julia A. Morneau of the Ontario Court of Justice.
ENDORSEMENT
1The Crown concedes that the trial judge erred in holding that there was no air of reality to the defence in s. 3(2) of the regulations.
2There was in fact evidence that Ellah had a prescription for the drugs and that the appellant was holding the drugs for her. The burden was then on the prosecution to show that the appellant was not holding the drugs as Ellah’s agent. It failed to do so and accordingly the conviction must be set aside.
3Accordingly, the appeal is allowed, the conviction set aside and an acquittal entered.
“M. Rosenberg J.A.”
“R.G. Juriansz J.A.”
“Gloria Epstein J.A.”