P. Rochman

The Crown applied to admit two out‑of‑court statements made by the shooting victim to police officers in hospital under the principled exception to the hearsay rule, or alternatively as original evidence of identification.

The witness testified at trial but claimed no memory of speaking to police and denied seeing the shooter.

The court held that necessity was not established because the Crown failed to follow the procedure under s. 9 of the Canada Evidence Act and the framework from B.(K.G.) for prior inconsistent statements.

The court further held that threshold reliability was not demonstrated because the statements were not sworn, recorded, or verified, and the circumstances of the interview and inconsistencies in the statements undermined reliability.

The court also rejected reliance on the Langille identification principle because the case did not involve identification of a stranger.

The accused pleaded guilty to importing 2.2 kilograms of cocaine into Canada.

The court considered the established sentencing ranges for cocaine importation set out by the Court of Appeal, which indicate sentences of six to eight years for multi‑kilogram quantities, while recognizing that ranges are guidelines and may be adjusted based on aggravating and mitigating factors.

Aggravating factors included the serious nature of cocaine importation and the significant quantity involved.

Mitigating factors included the offender’s youth, lack of prior criminal record, genuine remorse, strong community support, and a guilty plea.

Balancing denunciation and general deterrence with the offender’s personal circumstances, the court imposed a penitentiary sentence below the Crown’s request but above the defence position.

The accused was arrested at Pearson International Airport after returning from Panama when customs officers discovered approximately two pounds of cocaine hidden in four health care product bottles in her checked luggage.

The accused claimed she was an innocent courier who had been tricked by her travelling companion into carrying the bottles.

The court rejected the accused's testimony as implausible and inconsistent, finding that her demeanour and actions at the airport, including attempting to abandon her suitcase and hiding baggage tags in her bra, demonstrated guilty knowledge.

The court concluded beyond a reasonable doubt that the accused knowingly imported the cocaine and found her guilty.