2 total
The court admitted the accused's statements and seized evidence, finding no Charter breaches, and convicted him of drug trafficking and firearm offences.
The accused, Jesse Thomson, faced charges including possession of cocaine for trafficking and various firearm offences.
The trial included a blended voir dire to determine the admissibility of his statements to police and evidence obtained from a vehicle search.
The court found Thomson's statements voluntary and that his Charter rights under sections 8, 9, and 10(b) were not violated, justifying the admission of evidence.
The police had reasonable and probable grounds for arrest and search based on reliable informant tips and corroborating surveillance.
Ultimately, the Crown proved the charges beyond a reasonable doubt, leading to a finding of guilt on all counts.
Motion to sever trial of co-accused dismissed; limiting instructions to jury deemed sufficient to prevent prejudice.
The applicant, charged jointly with a co-accused for assault with a weapon and aggravated assault, brought a motion to sever his trial from that of his co-accused.
The applicant argued that a statement made by the co-accused to police, which placed the applicant at the scene, would cause prejudice if heard by a jury in a joint trial.
The court applied the factors for severance and concluded that a strong limiting instruction to the jury would be sufficient to prevent prejudice.
The application for severance was dismissed.