Peter Wenglowski

The accused brought a pre-trial Charter application alleging breaches of ss. 8 and 9, arguing that police lacked reasonable grounds for his arrest and that the Information to Obtain (ITO) for search warrants was insufficient.

The investigation began with a weak tip from a confidential informant, which led to police surveillance revealing a pattern of short, secretive interactions indicative of mobile drug trafficking.

The court found that the totality of the circumstances, particularly the surveillance evidence, provided objectively reasonable grounds for the arrest.

After excising one misleading statement from the ITO, the court concluded the remaining information was sufficient to justify the search warrants, dismissing the application.

The accused brought a pretrial Charter motion seeking exclusion of drugs seized after police stopped his vehicle during an investigation for another suspect who had fled from police.

The defence alleged breaches of ss. 8, 9, and 10(a) of the Canadian Charter of Rights and Freedoms and sought exclusion of evidence under s. 24(2).

The court held that the vehicle stop constituted a lawful investigative detention supported by a nexus between the vehicle occupants and the suspect being pursued.

The subsequent arrest for driving while suspended and the search incident to arrest were lawful, and the seizure of drugs in the vehicle was justified under the plain view doctrine.

No Charter breach was established and the evidence was not excluded.

The accused, Mechelle Rogers, was charged with possession of cocaine for the purpose of trafficking after police found 1.5 kg of cocaine in the trunk of a vehicle in which she was a passenger.

At the close of the Crown's case, she brought a motion for a directed verdict.

The court applied the test for a directed verdict based on circumstantial evidence and the law of constructive possession.

The court found that while there was evidence she knew illegal activity was taking place, there was no evidence she knew the substance was cocaine or had any control over it.

The motion was granted and a directed verdict of acquittal was entered.