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The court upheld a warrantless arrest based on corroborated information from a confidential informant.
The accused was charged with possession of cocaine for the purpose of trafficking, possession of Oxycodone for the purpose of trafficking, and possession of proceeds of crime.
The accused challenged the lawfulness of the arrest, arguing that police relied exclusively on information from a confidential informant that lacked sufficient detail and corroboration.
The court found that the arrest was lawful based on the totality of circumstances, including the credibility of the informant, the compelling nature of the information provided, and police corroboration through surveillance.
The court distinguished the case from R v. Daley, finding that the informant had firsthand knowledge, a proven track record, and that police observations corroborated the informant's information.
The accused was found guilty on all remaining counts.
Ontario Court of Justice lacks jurisdiction over interim release once an indictment is filed.
The Ontario Court of Justice considered whether it had jurisdiction to entertain an application for interim release under section 523(2)(b) of the Criminal Code after the accused had been committed to stand trial and an indictment had been filed with the Superior Court of Justice.
The court held that jurisdiction over interim release transfers to the Superior Court of Justice upon the filing of the indictment, and that the Ontario Court of Justice has no jurisdiction to hear the application once the matter is before the Superior Court.
