S. Goldstein

The accused was stopped by police for driving with an unlit rear license plate.

During the stop, an officer spotted a knife on the passenger seat, leading to the accused's arrest.

A subsequent search of the vehicle yielded 12.12 grams of crack cocaine, $1,300 in cash, and a digital scale.

The court dismissed the accused's Charter applications under sections 8, 9, and 10(b), finding the stop, arrest, and search lawful.

At trial, the court rejected the accused's claim that the drugs were for personal use and convicted him of possession for the purpose of trafficking and possession of a prohibited weapon, but acquitted him of possession of proceeds of crime and possession of a weapon for a dangerous purpose.

The applicants sought a variance of a restraint order under s. 462.34(4)(c) of the Criminal Code to permit the release of restrained funds for reasonable living and legal expenses while facing fraud and proceeds of crime charges.

The court reviewed the statutory criteria requiring proof that the applicants had an interest in the funds, lacked other assets or means, and that no other person appeared entitled to the property.

The Crown challenged the sufficiency and accuracy of the applicants’ financial disclosure, pointing to unexplained withdrawals and assets exceeding $895,000.

The court found the applicants failed to establish on a balance of probabilities that they lacked other available assets or means.

The application to vary the restraint order was dismissed.