S. Virk

The appellant appealed a conviction for possession of cocaine under s. 4(1) of the Controlled Drugs and Substances Act.

The drugs were found in plain view in the appellant’s bedroom after police attended the residence for a welfare check.

The appellant argued the trial judge erred in concluding possession was proven because others could have accessed the room, and further erred by failing to identify a Charter issue concerning the search of a plastic bag containing the drugs.

The court held the evidence supported the inference that the appellant had knowledge and control over the drugs given their visibility and location in his bedroom.

The court also declined to entertain a Charter argument raised for the first time on appeal, finding it may have been a tactical decision at trial and that the evidentiary record was insufficient.

The applicant, Mohamed Abdul-Hamid, brought a Charter application under ss. 8, 9, and 24(2) to exclude a kilogram of cocaine found in his vehicle following a gunpoint arrest.

The police had conducted surveillance based on confidential informant tips regarding a co-accused, Michele Santonato, and observed a suspected drug transaction involving a shoebox handed off by another co-accused, Christopher Italiano, to the applicant.

The court found that the police had reasonable and probable grounds to arrest the applicant based on the totality of the circumstances, including the informant tips and police surveillance.

The court also held that the subsequent search of the applicant's vehicle was a valid search incident to arrest.

The Charter applications were dismissed.