S. Burdo

The accused was charged with multiple firearm and drug offences following a shootout between individuals associated with two vehicles on a residential street.

The Crown relied on circumstantial evidence, including video surveillance, a single particle of gunshot residue (GSR) on the accused's jacket, and his possession of a key fob for one of the vehicles.

The court found reasonable doubt regarding the accused's identity as the shooter due to discrepancies in clothing, the presence of a possible third person, and the unreliability of the GSR evidence.

The court also found insufficient evidence to prove the accused had knowledge of the drugs concealed in a backpack in the vehicle's trunk.

The accused was acquitted of all charges except for one count of simple possession of cocaine, which he conceded.

The accused was charged with two counts of possession of a controlled substance for the purpose of trafficking after police found fentanyl mixtures hidden in his vehicle.

The Crown relied on circumstantial evidence, including the accused's ownership of the vehicle and documents found inside, to prove constructive possession.

The court found that the Crown failed to prove possession beyond a reasonable doubt, as evidence showed multiple other individuals had access to and used the vehicle.

The accused was acquitted on both counts.

Three accused were tried for various drug-related offences following a controlled delivery of a package containing cocaine imported from Suriname.

The package was intercepted by the CBSA and picked up by Williams using fake identification.

Williams transferred the package to Allen, who fled from police.

Nwankwo was later arrested reaching into the trunk of Allen's car where the package was stored.

The court found Williams not guilty on all counts, as the Crown failed to prove he knew the package contained cocaine.

Nwankwo was found guilty of conspiracy to possess cocaine for the purpose of trafficking.

Allen was found guilty of conspiracy to import, possession for the purpose of trafficking, and conspiracy to possess, but not guilty of a separate possession charge relating to cocaine found in his residence.

The accused, a racialized single mother with a history of socio-economic disadvantage, was convicted by a jury of importing 1,390 grams of cocaine.

The Crown sought a sentence of four to five years imprisonment, while the defence sought a conditional sentence.

The court considered the aggravating factors of the quantity and nature of the drug, and the mitigating factors including the accused's lack of a criminal record, compliance with bail, and systemic racial and socio-economic disadvantages.

The court found that a conditional sentence was inappropriate but deviated below the established range of four to six years due to the systemic forces that constrained the accused's choices, sentencing her to three years imprisonment.

The offender, a 29-year-old first-time offender, was convicted by a jury of importing two kilograms of cocaine concealed in her luggage at Pearson Airport.

The Crown sought a seven-year sentence, while the defence sought three and a half years, arguing for a reduction due to Covid-19 risks in prison.

The court found no specific health vulnerabilities to justify a Covid-19 reduction but considered the offender's lack of prior record, compliance with bail, remorse, and strong family support as mitigating factors.

The offender was sentenced to five years' imprisonment, less three days of pre-sentence custody credit, along with mandatory weapons prohibitions and a DNA order.

The applicant, jointly charged with two co-accused for importing cocaine, brought an application for an adjournment of the trial due to his counsel's unavailability, or alternatively, for severance from his co-accused or severance of one count.

The Crown opposed the application.

The court dismissed the request for an adjournment, finding that the applicant's right to counsel of choice did not override the co-accused's right to a trial within a reasonable time.

The court also dismissed the severance applications, concluding that the factors, including the risk of inconsistent verdicts and the legal nexus between the counts, strongly favoured a joint trial.

The accused was charged with importing cocaine after returning to Canada from Jamaica with four tins containing the drug.

The accused admitted to importing the tins but claimed she did not know they contained cocaine, believing she was transporting non-drug items for a friend.

The defence sought to introduce expert psychological evidence regarding the accused's intellectual capacity to support her lack of knowledge, which the court ruled inadmissible as unnecessary for assessing credibility.

Applying the W.(D.) framework, the court found the accused's testimony raised a reasonable doubt about her knowledge of the drugs.

The accused was acquitted.