Court of Appeal for Ontario

Date: 20221117 Docket: C69051

Fairburn A.C.J.O., Huscroft and Coroza JJ.A.

BETWEEN

His Majesty the King Respondent

and

Todd Kehoe Appellant

Counsel: Stephen White, for the appellant Geoffrey Roy, for the respondent

Heard and released orally: November 15, 2022

On appeal from the conviction entered by Justice Stephen T. Bale of the Superior Court of Justice on January 17, 2020.

Reasons for Decision

[1] This is an appeal from conviction for trafficking in fentanyl patches, knowingly causing a person to use forged fentanyl patches as if they were genuine, and obtaining merchandise by false pretenses. The appeal is predicated on a challenge to the trial judge’s s. 24(2) ruling, dismissing the application to exclude evidence arising from a s. 8 Charter breach. The Crown responds that there is no s. 8 breach and, in any event, there is no basis to interfere with the trial judge’s s. 24(2) findings.

[2] We do not need to decide the s. 8 issue, nor should we be taken as confirming the s. 8 ruling. This matter can be disposed of on the basis of the trial judge’s s. 24(2) analysis. We see no error in that analysis. All findings of fact were available to the trial judge who properly engaged with a Grant analysis: R. v. Grant, 2009 SCC 32, [2009] 2 S.C.R. 353. That analysis is owed deference on appeal.

[3] The appeal is dismissed.

“Fairburn A.C.J.O.”

“Grant Huscroft J.A.”

“S. Coroza J.A.”