Court of Appeal for Ontario

CITATION: United States of America v. Gionet, 2011 ONCA 217

DATE: 20110321

DOCKET: C52165

BEFORE: Doherty, LaForme and Epstein JJ.A.

BETWEEN

The United States of America and the Attorney General of Canada

Respondent

and

Rejean Stephen Gionet

Appellant

COUNSEL:

Erin Dann, for appellant

Nancy Dennison, for the respondent

HEARD: March 21, 2011

On appeal from the order of committal of Justice I.S. McMillan of the Superior Court of Justice dated January 4, 2010.

APPEAL BOOK ENDORSEMENT

[1] The appellant advances only one ground of appeal. He argues that there was no evidence that he was party to the conspiracy charge. He does not resist committal on the trafficking charge.

[2] We are satisfied that the prior relationship among the alleged conspirators and the frequency of the transactions during the term of the alleged agreement were sufficient to provide a basis upon which a trier of fact could reasonably infer that the appellant was a party to an ongoing conspiracy to traffic in a narcotic.

[3] The appeal is dismissed.