Thomas C. Lemon

The Court of Appeal for Ontario allowed the Crown's appeal from acquittals entered after a trial judge excluded evidence of narcotics seized from Prince Asante's vehicle, finding the police lacked reasonable and probable grounds for arrest.

The appellate court held that the trial judge erred in law by misapplying the standard for reasonable and probable grounds, improperly discounting circumstantial and pattern evidence, and requiring proof of the accused's identity beyond what the law demands for a lawful arrest.

The acquittals were set aside and a new trial ordered.

The appellant, Matthew Shedden, appealed his convictions for various drug offences, arguing that the search warrant used to obtain evidence was invalid.

The challenge at trial, which contended there were no reasonable and probable grounds to believe drugs would be found at the residence (his mother's home), was unsuccessful.

The Court of Appeal dismissed the appeal, finding that even if the trial judge applied an incorrect legal standard or provided insufficient reasons, the record amply supported the valid issuance of the search warrant.

The court concluded that reasonable inferences could be drawn from the appellant's observed conduct, including frequent visits to the residence between suspected drug transactions, to establish the necessary reasonable grounds.

The appellant appealed her conviction for possession of cocaine for the purpose of trafficking.

She raised three grounds of appeal: (1) a Sekhon error regarding inadmissible expert evidence, (2) reversal of the onus of proof regarding personal use, and (3) an unreasonable verdict.

The Court of Appeal dismissed all grounds of appeal, finding that while the Crown expert offered some inadmissible anecdotal information, the expert's ultimate opinion was well-grounded in objective facts and the trial judge did not rely on the inadmissible evidence.

The court also found no reversal of the onus of proof, as the trial judge's conclusion was supported by the amount of cocaine, its value, and its form (pressed chunk rather than powder).

The verdict was reasonable based on ample evidence supporting the inference that possession was for trafficking purposes.

The appellant appealed his conviction on the grounds of a Charter section 8 violation relating to an unreasonable search and seizure.

The trial judge found that the appellant had abandoned his house and car keys when approached by police, thereby defeating any reasonable expectation of privacy.

The Court of Appeal upheld the conviction, finding no basis to interfere with the trial judge's credibility findings regarding the police officers' testimony.

The court also rejected arguments of uneven scrutiny and misapprehension of evidence.