S. Fitzpatrick

The accused was charged with possession of cannabis marijuana contrary to the Controlled Drugs and Substances Act, resisting arrest contrary to the Criminal Code, and possession of counterfeit currency contrary to the Criminal Code.

The trial proceeded by way of a blended voir-dire regarding Charter breaches.

The court found that the initial traffic stop lacked proper grounds, the arrest was unlawful and arbitrary, the warrantless search was unreasonable, the right to counsel was not properly implemented, and excessive force was used during the arrest.

All evidence was excluded pursuant to section 24(2) of the Charter, and the accused was acquitted on all counts.

The accused, a leading expert in animal brucellosis employed by the Canadian Food Inspection Agency (CFIA), pleaded guilty to one count of breach of trust and ten regulatory offences.

The breach of trust involved his commercialization of brucellosis diagnostic test kits using intellectual property owned by the CFIA through a company established in China from 2006 to 2010.

The regulatory offences arose from his arrest on October 24, 2012, when he was found attempting to board a flight to China with 17 vials of brucella bacteria improperly packaged in his carry-on luggage.

The court imposed a two-year custodial sentence, rejecting the defence's request for a conditional sentence despite the accused's exemplary background, advanced age, serious medical conditions, and low risk of recidivism.

The court found that general deterrence and denunciation were the predominant sentencing principles required by the legislative objectives of the Human Pathogens and Toxins Act and the Export and Import Permits Act.