Supreme Court of Canada

R. v. Kernaz, 2019 SCC 48, [2019] 3 S.C.R. 640

Parties

Nicholas Gregory Kernaz — Appellant

v.

Her Majesty The Queen — Respondent

Indexed as: R. v. Kernaz

File No.: 38642

2019: October 18

Coram

Abella, Moldaver, Rowe, Martin and Kasirer JJ.

Counsel

Thomas Hynes, for the appellant.

Wade McBride, Q.C., and Kevin Wilson, for the respondent.

Solicitors for the appellant: Gerrand Rath Johnson, Regina.

Solicitor for the respondent: Public Prosecution Service of Canada, Toronto.

Subject

Criminal law — Controlled drugs and substances — Possession of controlled substances for purpose of trafficking — Accused charged with possession of methamphetamine and cocaine for purpose of trafficking — Trial judge acquitting accused on trafficking charges but convicting accused of lesser included offence of simple possession — Court of Appeal finding trial judge applied wrong legal test as to possession for purpose of trafficking and entering conviction on trafficking charges — Conviction upheld.

Appeal

APPEAL from a judgment of the Saskatchewan Court of Appeal (Caldwell, Schwann and Barrington-Foote JJ.A.), 2019 SKCA 37, 377 C.C.C. (3d) 150, 439 D.L.R. (4th) 92, [2019] 7 W.W.R. 101, [2019] S.J. No. 153 (QL), 2019 CarswellSask 199 (WL Can.), setting aside the accused's acquittal for possession of methamphetamine and cocaine for the purpose of trafficking and entering a conviction. Appeal dismissed.

Reasons for Judgment

Reasons for Judgment: (para. 1)

Abella J. (Moldaver, Rowe, Martin and Kasirer JJ. concurring)

The judgment of the Court was delivered orally by

[1] Abella J. — The appeal is dismissed substantially for the reasons of the Court of Appeal.

Judgment accordingly.