2 total
Circumstantial evidence did not prove possession of cocaine in locked box.
The accused was tried on one count alleging possession of cocaine for the purpose of trafficking after police executing search warrants found cocaine and cash in a locked black box inside a rear apartment.
The Crown's case rested entirely on circumstantial evidence, including keys found in an upstairs apartment, photographs on a phone, text messages, and evidence suggestive of trafficking in the upstairs unit.
Applying the circumstantial evidence framework and the principles governing constructive and joint possession, the court held that the evidence did not establish beyond a reasonable doubt that the accused had the requisite knowledge of, or control over, the contents of the black lock box.
The evidence was equally consistent with the rear apartment occupants having sole possession and control.
An acquittal was entered on count 2.
A driver stopped at a stop sign with the vehicle in park is still 'driving' under the Highway Traffic Act.
The defendant was charged with driving with a hand-held communication device contrary to section 78.1(1) of the Highway Traffic Act.
The defendant admitted to holding and handling his cell phone while at a stop sign but argued he was not "driving" because his vehicle was in park mode.
The court rejected this argument, finding that stopping momentarily at a stop sign or red light constitutes "driving" under the HTA, regardless of whether the engine is in park mode.
The court applied a broad purposive interpretation of the statute consistent with its purpose of minimizing distracted driving and followed the Ontario Court of Appeal's decision in York (Regional Municipality) v. Tassone.
The defendant was found guilty.
