P. Larmondin

The applicant, charged with drug trafficking offences following a mass arrest operation, brought a Charter application alleging breaches of her ss. 7, 10(b), and 12 rights.

She claimed excessive force upon arrest, inhumane treatment during a lengthy wait in a police cruiser, and an unlawful strip search.

The court dismissed the application, finding the applicant's testimony regarding pain and suffering to be fabricated and contradicted by video evidence.

The court held that the police conduct was reasonable under the circumstances of the mass arrests, and the strip search was justified as the applicant was entering the prison population.

The offenders were found guilty of conspiracy to import 112 kg of cocaine and possession for the purpose of trafficking.

The cocaine was hidden in wooden pallets in a sea container shipped from Guyana.

The court found both offenders were principal participants in a sophisticated importation scheme.

Buttazzoni, who had a prior drug conviction in the US and made threats of violence, was sentenced to 17 years.

Ramlall, a first-time offender who received the pallets at his home, was sentenced to 15 years.

Both received credit for pre-sentence custody and house arrest.

The applicants sought certiorari to quash their committals for trial following a preliminary inquiry on charges relating to a large cocaine importation scheme.

Police had intercepted a shipping container containing 112 kilograms of cocaine concealed in wooden pallets and conducted a controlled delivery, leading to arrests after the pallets were opened.

The applicants argued there was insufficient evidence of knowledge of the cocaine to permit committal.

Applying the limited weighing standard from R. v. Arcuri, the court held that the circumstantial evidence permitted reasonable inferences of knowledge and participation, including involvement in opening the container and dismantling pallets containing narcotics valued at approximately $4 million.

The court concluded that a properly instructed jury could reasonably infer guilt and that the preliminary inquiry judge did not err in committing the applicants to stand trial.

During a criminal proceeding involving charges of possession of heroin for the purpose of trafficking and conspiracy, the accused requested interpretation in the Ibo language.

A voir dire was conducted to determine whether two proposed interpreters were competent to interpret for the accused during the upcoming jury trial.

The court considered the constitutional right to interpretation under s. 14 of the Canadian Charter of Rights and Freedoms and reviewed guidance from appellate authority concerning interpreter competency.

After examining the interpreters’ accreditation status, training, testing results, and courtroom experience, the court found that neither candidate met the required standard of competency for a Superior Court criminal trial.

The court held that the presumption of incompetence for non‑accredited interpreters had not been rebutted and directed that other qualified interpreters be sought.