Veronique Rousseau

The accused brought a pre‑trial motion to exclude evidence consisting of oxycodone tablets discovered during a search of checked luggage at an airport.

The court found that the accused had a reasonable expectation of privacy in checked luggage notwithstanding airport security screening regimes.

The physical search of the bag by CATSA personnel and police was not authorized by law, the accused was psychologically detained without being informed of his right to counsel, and the decision to conduct the physical search was influenced by racial profiling.

Applying the test under s. 24(2) of the Charter, the court held that admission of the evidence would bring the administration of justice into disrepute.

The evidence was excluded.

The accused was sentenced following conviction after trial for possession of cocaine for the purpose of trafficking involving 111.85 kilograms of cocaine.

The court considered the extraordinary quantity, high purity, and multi‑million‑dollar value of the drugs, as well as the accused’s prior conviction for a similar offence involving multi‑kilogram quantities.

Although the court found the accused’s role was limited to that of a courier, the circumstances demonstrated a high level of organization, planning, and trusted involvement in a large trafficking enterprise.

Emphasis was placed on denunciation and both general and specific deterrence.

A penitentiary sentence of 15 years was imposed with credit for pre‑trial custody and restrictive bail conditions.