Theo Sarantis

Three accused were tried on charges of robbery with a firearm, disguise with intent, possession of property obtained by crime, and possession for the purpose of trafficking cocaine and cannabis.

The Crown withdrew certain charges at trial.

The court found that the Crown failed to prove robbery with a firearm but established theft over $5,000.

Evidence from a recorded three-way phone call and text messages demonstrated that one accused orchestrated the theft with the store employee.

The court acquitted all accused of the drug trafficking charges due to insufficient evidence of knowledge and control, as multiple household members had access to the bedroom where drugs were found.

The accused was charged with impaired operation and over 80 milligrams of alcohol in 100 millilitres of blood following a single-vehicle motor vehicle collision on an icy road.

The defence challenged the lawfulness of the arrest under sections 8 and 9 of the Charter, and the adequacy of the right to counsel consultation under section 10(b).

The court rejected all Charter applications, finding that the officer had reasonable and probable grounds to arrest based on the odour of alcohol, the accused's admission to drinking, the circumstances of the accident, and his apology for committing a DUI.

The court found the accused's testimony unreliable and incredible.

On the trial on the merits, the court convicted the accused on both counts based on expert toxicological evidence establishing a blood alcohol concentration over 80 at the time of driving, corroborated by observations of impairment and the accused's own admissions.

The defendants were jointly charged with multiple counts of possession of credit card forgery devices, possession of credit cards obtained by crime, fraudulent possession of credit card data, and failure to comply with recognizance.

The defendants challenged the validity of a search warrant executed on their parents' home, alleging a breach of Charter section 8 rights.

The court found that the Information to Obtain, based on a confidential informant's tip and corroborated by police investigation, provided sufficient reasonable and probable grounds for the issuance of the warrant.

The application to exclude evidence under section 24(2) was dismissed.