Rose Ghaly

The defendant pleaded guilty to trafficking cocaine (crack) involving a small amount.

The Crown sought a sentence in the 6-12 month range, while the defence sought a suspended sentence.

The court imposed a suspended sentence with 24 months probation, including conditions for counselling, assessment for Fetal Alcohol Syndrome Disorder, and 40 hours of community service.

The court considered the defendant's vulnerable circumstances, lack of criminal record, guilty plea, and extensive Gladue report detailing her Indigenous heritage and personal history of trauma and marginalization.

The defendant was charged with possession of cocaine following an arrest by York Regional Police officers who were conducting surveillance on a suspected drug dealer.

The defendant challenged the lawfulness of the arrest and subsequent search of his vehicle.

The court found that the officers lacked reasonable and probable grounds to arrest the defendant.

The evidence relied upon by the arresting officer was based primarily on an unreliable observation by another officer who claimed to have witnessed a "hand-to-hand" drug transaction.

The court found the arrest and searches to be unlawful Charter breaches and excluded all evidence obtained subsequent to the breach under section 24(2) of the Charter.

The defendant was acquitted.