Court of Appeal for Ontario

Citation: R. v. Palmer, 2020 ONCA 579 Date: 2020-09-11 Docket: C63408

Before: Fairburn A.C.J.O., MacPherson and Coroza JJ.A.

Between:

Her Majesty the Queen Respondent

and

Andrew Palmer Appellant

Counsel: Andrew Palmer, appearing in person Amy Ohler, appearing as duty counsel Geoffrey Roy, for the respondent

Heard and released orally: September 9, 2020

On appeal from a conviction entered by Justice George S. Gage of the Ontario Court of Justice, dated July 28, 2016.

REASONS FOR DECISION

[1] This is an appeal from conviction for trafficking in cannabis. The appellant argues, through duty counsel, that the verdict is unreasonable because the evidence cannot support trafficking as opposed to personal use.

[2] This case involves wiretap intercepts. Despite the able submissions of duty counsel, having considered those intercepts, we find that it was open to the trial judge to conclude as he did. We dismiss the conviction appeal.

[3] The appellant has raised with the court his concern over the fact that his criminal record reflects the wrong schedule of the Controlled Drugs and Substances Act, S.C. 1996, c. 19. The Crown has confirmed that his record reflects a Schedule I offence when it should in fact reflect a Schedule II offence. The appellant has no other criminal record and appears to be doing very well and is gainfully employed. This matter is of concern to the court. The conviction for a Schedule II (not a Schedule I) offence must be accurately recorded.

[4] Accordingly, it is ordered that steps be taken as soon as possible to ensure that the appellant’s criminal record reflects that he was convicted of a Schedule II offence.

“Fairburn A.C.J.O.” “J.C. MacPherson J.A.” “S. Coroza J.A.”