The appellant appealed his convictions for possession of fentanyl for the purpose of trafficking, possession of the proceeds of crime, and obstruction of a peace officer.
He argued the trial judge failed to properly scrutinize the evidence of an unsavoury witness, improperly refused to draw an adverse inference against the Crown for failing to call a witness, and improperly used his silence at trial.
The Court of Appeal dismissed the appeal, finding the trial judge properly assessed the witness's credibility, identified confirmatory evidence, and correctly applied the law regarding the accused's decision not to testify.
