Thomas P. Walsh

The accused pleaded guilty to drug trafficking offences involving a cross-border smuggling operation.

At sentencing, the judge applied s. 725(1)(c) of the Criminal Code over the Crown's objections to consider three uncharged offences related to the operation.

The Supreme Court of Canada held that s. 725(1)(c) does not require the Crown's consent.

The Court found that two of the uncharged offences had a real and substantial connection to Canada and were properly considered, but the third occurred entirely in the United States and fell outside Canadian jurisdiction.

The Crown's appeal and the accused's cross-appeal were both dismissed.

The Crown appealed from a Quebec Court of Appeal decision ordering a new trial for the respondents on charges of conspiracy to import cocaine.

The Court of Appeal had found an appearance of interference by the Crown with the trial judge's judicial independence.

The Supreme Court of Canada dismissed the appeals, agreeing that there was an appearance of interference.

The Court also dismissed the respondents' cross-appeals seeking a stay of proceedings, finding no basis to distinguish the matter from Tobiass and upholding the order for a new trial.