R. Visca

The two accused, commercial truck drivers, were charged with importing cocaine and possession for the purpose of trafficking after CBSA officers found 31 kilograms of cocaine in their trailer at the Ambassador Bridge.

The Crown's case relied on circumstantial evidence to prove knowledge and control.

The court rejected the testimony of the accused Sidhu, finding his explanation for his fingerprint on a box containing cocaine to be illogical and implausible.

Sidhu was found guilty on both counts.

However, the court found that the Crown failed to prove beyond a reasonable doubt that the co-accused Singh had knowledge of the cocaine, as there was no physical evidence linking him to the drugs and other reasonable inferences existed.

Singh was acquitted.

The applicant, an airport worker charged with conspiracy to import cocaine, brought an application under ss. 8 and 24(2) of the Charter to exclude evidence obtained through wiretap authorizations and search warrants.

The applicant argued that the affidavits supporting the authorizations and warrants lacked reasonable and probable grounds and investigative necessity.

The court reviewed the authorizations and warrants, applying the Garofoli standard and amplifying the record where necessary.

The court found that the authorizations and warrants were validly issued and supported by sufficient grounds, including intercepted communications, surveillance, and informant information.

The application was dismissed.

The offender was convicted by a jury of conspiracy to export 208,000 ecstasy pills to the United States, possession of ecstasy for the purpose of exporting, and possession of a weapon for a dangerous purpose.

The offender acted as a delivery person in an undercover operation directed by a co-conspirator.

The court sentenced the offender to 5 years for the drug offences and 6 months consecutive for the weapon offence, less 6 months credit for strict bail compliance, resulting in a net sentence of 5 years.