Sabina Burdo

The accused, Athena King, was stopped by police and found in possession of illegal drugs.

She challenged the admissibility of the evidence, alleging breaches of her Charter rights during the stop, search, and arrest.

The court found minor breaches of her right to counsel but held that these did not warrant exclusion of the evidence.

King was found guilty of all charges.

The appellant, Jomal Brown, appealed his convictions for possession of various illicit drugs for the purpose of trafficking, possession of proceeds of trafficking, and several firearm offences.

The appeal also challenged the application judge’s dismissal of his Charter application, which was denied on the basis that Brown had no reasonable expectation of privacy in the unit where the items were seized.

During appeal preparation, Crown counsel identified a trial fairness issue: the Crown had taken inconsistent positions regarding Brown’s residence in the unit at different stages of the proceedings.

With the consent of both parties, the Court of Appeal allowed the appeal, set aside the convictions and Charter ruling, and ordered a new trial on all issues.

The appellant appealed his conviction for possessing proceeds of crime and his 26-month sentence.

He argued the verdict was inconsistent with his acquittal for possessing cocaine for the purpose of trafficking, and that the trial judge erred in her circumstantial evidence analysis.

The Court of Appeal dismissed the conviction appeal, finding the evidence of knowledge and control over the cash was compelling, unlike the evidence regarding the cocaine.

The court also dismissed the sentence appeal, holding that the trial judge properly considered the collateral immigration consequences but correctly concluded that a sentence under six months would not adequately address the gravity of the offence.

The defendant, Samuel Osei-Tutu, was convicted by a jury of importing cocaine (2.8899 kg) and was before the court for sentencing.

The Crown sought a seven-year sentence, while the defence proposed 4.5 years (net 4 years) due to mitigating factors.

The court considered aggravating factors such as the quantity and commercial nature of the drug, and mitigating factors including the defendant's lack of a criminal record, strong community support, and prospects for rehabilitation.

The court also considered the impact of anti-Black racism on sentencing, as per R. v. Morris.

A sentence of 5.5 years (net 5 years after pre-trial credit) was imposed, along with ancillary orders.

The accused was charged with possession of two controlled substances (cocaine and oxycodone) and failing to comply with the terms of his recognizance.

Following a high-speed pursuit and traffic stop, police observed a baggie of cocaine in the accused's waistband and arrested him.

A subsequent search of the vehicle revealed oxycodone pills.

The court found the arrest was lawful based on reasonable grounds, but determined there was a breach of the accused's Charter rights under section 10(b) regarding the delay in providing rights to counsel.

The cocaine and health card were admitted as evidence, but the oxycodone was excluded pursuant to section 24(2) of the Charter.

The accused was convicted of possession of cocaine and failing to comply with recognizance, but acquitted of the second possession charge.