The appellant was convicted of possession of heroin for the purpose of trafficking.
He appealed on two grounds: first, that the trial court lacked jurisdiction because he had not validly re-elected for a trial by judge alone under s. 492 of the Criminal Code; and second, that the trial judge failed to follow the mandatory two-phase procedure under s. 8 of the Narcotic Control Act.
The Supreme Court of Canada held that the appellant had validly waived the procedural requirements of s. 492 through his counsel.
However, the Court allowed the appeal on the second ground, finding that the trial judge's failure to make a finding on possession before requiring the accused to address the purpose of possession was a fatal error that could not be cured by s. 613(1)(b)(iii) of the Criminal Code.
A new trial was ordered.
