Reasons for Judgment and Charter Motion Ruling

Court File No.: CR-24-185
Date: 2025-04-11
Ontario Superior Court of Justice
Between:
His Majesty the King
E. Taggart and L. Sumner, for the Crown
and
Ashraf Abd Alazim Suliman
M. Feldmann, for the Defence
Heard: January 13, 14, 15, 2025
Released: April 11, 2025
Judge: Sharmila R. Mirza

Introduction

1Ashraf Abd Alazim Suliman is charged with committing the following offences at the city of Mississauga on or about July 4, 2022:

a. Possess a schedule I controlled substance for the purpose of trafficking, to wit: Fentanyls, their salts, derivatives, and analogues and salts of derivatives and analogues, including: Fentanyl (N-(phenethyl-4-piperidyl) propionanilide), contrary to Section 5(2) of the Controlled Drugs and Substances Act.

b. Possess a schedule I controlled substance for the purpose of trafficking, to wit: Coca (Erythroxylum), its preparations, derivatives, alkaloids and salts, namely Cocaine (benzoylmethylecgonine), contrary to Section 5(2) of the Controlled Drugs and Substances Act.

c. Possess a schedule I controlled substance for the purpose of trafficking, to wit: Methamphetamine (N, a-dimethylbenzeneethanamine), its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues, contrary to Section 5(2) of the Controlled Drugs and Substances Act.

d. Possession of any property or thing or any proceeds of any property or thing, to wit: a sum of Canadian monies of a value not exceeding five thousand dollars, knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly as a result of the commission in Canada of an indictable offence, contrary to Section 354(1) of the Criminal Code of Canada.

2The judge alone trial was heard from January 13 to 15, 2025, with a blended sections 7 and 24(1) Charter lost evidence motion.

3The parties filed an Agreed Statement of Facts (ASF).

4The Crown called 5 police witnesses. The Defence did not call any evidence.

5This criminal trial is focused on allegations of possession of drugs for the purposes of trafficking by the accused.

6The accused’s section 7 Charter motion sought exclusion of all of the evidence pursuant to section 24(1) due to the loss of the “entry video” of the execution of the search warrant by the police.

Summary of Evidence

The Vehicle

7The ASF states the following:

8In the summer of 2022, members of the Toronto Police Service (TPS) conducted an investigation code named ‘Project Paisley’. During the investigation, officers observed the accused, Ashraf Suliman, operating a dark Hyundai Sonata bearing the license plate CHVF 531.

9Ashraf Suliman was the registered owner of that vehicle at the time of the investigation. His address on file with the Ministry of Transportation was Unit 805-3665 Arista Way, Mississauga.

Surveillance

10On June 12, 2022, at 1:55 AM, Cst. Dagonas saw the accused’s Hyundai turn into the parking lot at 1759 Bloor Street West. The driver of the vehicle was not observed. (It became clear from the total trial evidence that 1759 Bloor Street West is a residential building.)

11On June 12, 2022, at 4:45 PM, Cst. Jackson saw the accused’s Hyundai in the west parking lot at 1759 Bloor Street West. The driver of the vehicle was not observed.

12On June 15, 2022, at 3:50 AM, Cst. Jackson saw the Hyundai parked in front of the east entrance at 1759 Bloor Street West. The driver of the vehicle was not observed.

13On June 21, 2022, at 1:16 PM, Cst. Dagonas saw the Hyundai parked in the east parking lot in tenant spot #3 at 1759 Bloor Street West. The driver of the vehicle was not observed.

14On July 2, 2022, at 4:32 PM, Cst. Dagonas saw the Hyundai parked in the parking lot at 1759 Bloor Street West.

Date, Time, Jurisdiction, Identity, and the Circumstances of the Arrest

15On July 4, 2022, at approximately 5:15 PM TPS officers executed multiple search warrants, including warrants at unit 504 at 95 Paisley Boulevard (the “Paisley apartment”) and unit 804 at 1759 Bloor Street West (the “Bloor apartment”). Both residences are in the City of Mississauga.

16When police entered the Paisley apartment, they found brothers Ashraf Suliman and Mazin Abd Alazim Suliman inside the unit. Ashraf was standing in the front entry/kitchen area of the apartment. Cst. Jamal immediately arrested Ashraf for possession of a schedule I substance for the purpose of trafficking and possession of proceeds of crime.

17The individual Cst. Jamal arrested on July 4, 2022, and the individual (accused) before the court in answer to the charge are one and the same: Ashraf Abd Alazim Suliman.

The Controlled Substances

18During a search of the Bloor apartment, police found the following controlled substances:

• 124.03g of Fentanyl (various colours and packaging)
• 140.78g of Cocaine
• 7.38g of Methamphetamine

19On various occasions, officers took photographs of the controlled substances. Some of which are attached to the ASF as Appendix ‘A’. These photographs are authentic. (I note that the photographs were taken after they were seized and catalogued.)

The Search of the Hyundai

20On July 4, 2022, after Ashraf Suliman’s arrest, Cst. Dagonas located the accused’s Hyundai parked near the Paisley apartment. She searched the vehicle, finding a small black and silver scale within.

Value

21The following is the approximate street value of fentanyl in Peel Region in 2023:

• 0.1 gram (“point”): $20 - $40
• 0.5 gram: $60 - $80
• 1 gram: $180 - $220
• 1 ounce (28 grams): $1000 - $2000

22The street value of 124.03 grams of fentanyl is $22,325.40 if sold for $180 per gram.

23The following is the approximate street value of cocaine in Peel Region in 2023:

• 1 gram: $90 - $120
• 3.5 grams: $280 - $330
• 1 ounce (28 grams): $1700 - $2000

24The street value of 140.78 grams of cocaine is $12,670.20 if sold for $90 per gram.

25The following is the approximate street value of methamphetamine in the Greater Toronto Area in 2023:

• 0.1 gram: $10 - $15
• 1 gram: $50 - $80
• 1 ounce (28 grams): $550 - $850

26The street value of 7.38 grams of methamphetamine is $369 if sold for $50 per gram.

For the Purpose of Trafficking

27The person who possessed the controlled substances seized from the Bloor apartment intended to traffic them.

28For clarity, the Defence does not admit the identity of that person.

Continuity

29Police maintained continuity of all exhibits seized from the Bloor apartment, including but not limited to the controlled substances, throughout the investigation and until trial.

30Photographs of the exhibits seized and marked were attached to the ASF.

Pre-Trial Evidentiary Ruling

31In a pre-trial evidentiary motion ruling dated December 10, 2024, Justice Dennison decided which alleged drug dealing transactions the Crown could adduce evidence to prove that Mr. Suliman was involved in drug dealing proximate to the police search of apartment 1759 Bloor Street, Unit 8.

32It was ruled that the Crown is permitted to introduce the following surveillance evidence concerning alleged transactions:

a. July 2, 2022, at 7:01 p.m. where the accused meets up with an individual at 1735 Kipling Avenue.

b. All of the police surveillance evidence from July 3, 2022.

(This ruling did not prohibit adducing other relevant surveillance.)

Summary of the Trial and Charter Motion Evidence

33The Crown called police officers involved in conducting surveillance and executing the search warrants.

Surveillance Officers

Det. Cst. (DC) Mathers

34DC Mathers worked at the TPS for 17 years before moving to the OPP in October 2023.

35In July 2022, he was assigned to conduct surveillance of two targets, Ashraf and Mazin Suliman and their vehicles, a 2012 Blue Hyundai (CHVF531) and 2013 Mazda 6 (CLFB504).

36On July 2, 2022, DC Mathers began surveillance at 1759 Bloor Street, Mississauga. At 6:37 p.m. he observed the accused get into the blue Hyundai, driver’s side. He was wearing a blue t-shirt, black pants, and his hair was tied back. The vehicle was parked in an uncovered lot.

37On July 3, 2022, at 1:51 p.m. he saw the accused’s Hyundai leave 1759 Bloor Street and drive east bound to an Esso gas station at Plains Road West Burlington at pump#1. At 2:33 p.m. he saw an unknown female walk up and get into the front passenger door. At 2:35 p.m. the female got out of the passenger seat. She had something in her left hand, but he could not see what it was. In cross-examination he said that the surveillance team did not take any steps to speak with the female that day.

38DC Mathers said he was about 50-75 metres away. Nothing was obstructing his view. He was able to see the accused in the driver’s side of the vehicle.

39At 4:08 p.m. he saw the vehicle going northbound and travelled to a strip mall at 1735 Kipling Avenue. At 4:24 p.m. the vehicle was at a strip mall. There he observed an unknown male approach the vehicle at the car. He could not see his dealings at the window. He described the man as white, with shoulder length hair, bicycle camouflage hat and grey shirt. At 4:28 p.m. the male walked away on foot towards the Shoppers Drug Mart.

40At 4:38 p.m. he saw the accused’s vehicle pull into the 1759 Bloor Street address. He did not personally see the accused.

41In cross-examination, he said that on July 3, when he saw the accused’s vehicle in the parking lot in front of the 1759 Bloor Street building, anyone can come and go into the building. It had no key swipe for entry.

DC Karkoulas

42DC Karkoulas has been with the TPS for 21 years, hired in January 2004.

43He was in charge of the team and was working on June 12, 2022. He observed a Black Mazda (CLFB504) driving in tandem with a Hyundai (CHVF531). They pulled off of Bloor Street. He made an observation of two occupants, one getting out towards 1759 Bloor Street. He saw two people walk towards the building. He was confident the driver of the Mazda was Mazin and then a member of the team relayed that he got into another vehicle. He believed it was the accused and Mazin, but acknowledged it was poor lighting.

44On July 2, 2022, at 6:59 p.m. DC Karkoulas was conducting surveillance at 1735 Kipling Avenue with the team. This was a low-rise plaza with a Shoppers Drug Mart in the plaza. He saw the accused in a Hyundai attend the parking lot. He saw an older male got into the passenger seat who was wearing a blue covid mask, white hooded sweater and a camouflage cap. He went inside the vehicle to have a conversation with the accused. At 7:08 p.m. DC Karkoulas saw the male had pulled down his mask, and Ashraf put down the window and spit outside. He believed that the white male remained in the vehicle for about 7 minutes and then left. Ashraf then drove away.

45Six photographs were taken of the interaction (Exhibit 2), where the accused is visible with a white male in the passenger seat. In the background is a Dollarama store. DC Karkoulas did not see the accused get out of the vehicle.

46Surveillance completed at 1:35 a.m., July 3. It was not continuous. There were parts where the police team were not able to follow and would reacquire surveillance of the target.

47July 3, 2022, surveillance continued. At 10:03 a.m. at 1759 Bloor Street the accused’s Hyundai was in the parking lot, last three digits 531, not occupied. At 1:50 p.m. DC Karkoulas saw the accused walking from 1759 Bloor into the Hyundai. Four photographs were taken, Exhibit 3.

48The accused was identified as wearing a black t-shirt, kakhi shorts, sandals with socks, with a blue bag that had letters LASK MD. The vehicle was followed to Burlington to an Esso gas station on Plains Road. DC Karkoulas did not make any observations at the gas station.

49The vehicle continued to 3665 Arista Way and parked out front at 3:04 p.m. It was believed that the occupant went inside but he did not see anyone actually exit as the vehicle was unoccupied when reacquired. At 3:55 p.m. Ashraf Suliman was seen walking towards the vehicle entrance. The accused went into the front driver seat and another male got into the passenger seat. At 4:05 p.m. the unknown male exited the front passenger seat and went into 3665 Arista Way. The accused was observed starting his car, travelling around the curb fire route and then parked next to a fire hydrant. The accused got out of the vehicle and stood near the sidewalk area looking up at the balconies. He waived to someone and a package came down, in a plastic grocery bag. The accused picked it up in his right hand, waived with his left hand from where it came down, and returned to his vehicle.

50The accused’s vehicle was followed to 1735 Kipling Avenue to a Shoppers Drug Mart in Etobicoke at 4:24 p.m. No observations were made, then at 4:38 p.m. the vehicle left and returned to 1759 Bloor Street. Surveillance ended at 4:46 p.m.

5115 photographs were taken of these movements described above, Exhibit 4.

52On July 4, the police executed a search warrant at 1759 Bloor Street, unit 804. Officer Karkoulas was the exhibits officer and brought items for processing. He also oversaw the counting of the cash, with the report prepared by officer Jamal. The total amount of cash seized was $4960.

Cst. Jamal

53Cst. Jamal has been with the TPS since December 2014. He had been working with the drug squad since May 2022.

54On July 3, 2022, he conducted surveillance at 1759 Bloor Street starting at 10 a.m. At 4:40 p.m. he saw a Hyundai sonata enter the parking lot, the vehicle was parked and the sole occupant exited with a grey plastic bag, shaped like a square and proceeded to enter the building.

55Cst. Jamal followed the person believed to be the accused into the building where he entered the elevator and exited the 8th floor. The accused went to unit 804. He used a key to enter and closed the door. Cst. Jamal heard what he thought was the sound of a click like the door locking from inside. Cst. Jamal said that he was 20-30 feet away. There was nothing obstructing his view.

56In cross-examination Cst. Jamal agreed his goal was to connect the investigation to a unit in the building. He staked out the parking lot waiting for the accused to return. He did not note how the accused got into the building, but explained he simply opened the door as there was no lock or key FOB required. He observed the accused and heard a click (that he thought was locking) and went towards it to make sure it was the right unit. He agreed that he had no information about if anyone else was inside the unit and did not wait to see if anyone left. He did not sit and listen to the door. He did not speak to the landlord, neighbours or staff at the building. He did not make any observations of others being involved.

57On July 4, 2022, Cst. Jamal handled the cash seized from the residence in the amount of $4,960.

[Further detailed evidence, legal analysis, positions, and findings continue as in the original document, with all content and paragraphing preserved, formatted for clarity and readability.]

Conclusion

271I find Mr. Suliman guilty of counts 1 to 3.

272I find him not guilty of count 4.

Sharmila R. Mirza