R. v. McWhirter

2018 BCSC 358 R. v. McWhirter IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. McWhirter, 2018 BCSC 358 Date: 20180308 Docket: 81615-2 Registry: Kelowna Regina v. Donahugh Fredrick McWhirter and Brittany Marie Stinn Before: The Honourable Mr. Justice Davies Voir Dire Ruling No. 3 on Reasonable and Probable Cause for Arrest Counsel for the Crown: P. Mann K. Guest Counsel for the Accused, Donahugh Fredrick McWhirter: C. Corriveau Counsel for the Accused, Brittany Marie Stinn: M. Newcombe Place and Date of Trial/Hearing: Kelowna, B.C. November 27-29 and December 14-15, 2017 Place and Date of Judgment: Kelowna, B.C. March 8, 2018 Table of Contents I INTRODUCTION.. 3 II LEGALFRAMEWORK FOR ANALYSIS. 5 III HAS THE CROWN PROVEN THE EXISTENCE OF REASONABLE AND PROBALBE GROUNDS FOR ARREST?. 7 A. Corporal Rattee's experience as a police investigator 9 B. Confidential Informant information and visual surveillance. 13 Summary of Confidential informant information. 13 Summary of visual surveillance evidence in the Kelowna area. 15 Summary of tracker surveillance and physical surveillance evidence from the Lower Mainland. 20 C. Defence submissions on Reasonable and Probable Cause. 26 IV CONCLUSION.. 28 I INTRODUCTION [1] Donahugh McWhirter and Brittany Stinn are charged on a multi-count indictment alleging possession of drugs and possession of drugs for the purpose of trafficking as well as various firearms offences. [2] The various offences are alleged to have occurred on or about November 4, 2014 in Merritt, B.C. and in Lake Country, B.C. on January 29, 2015. [3] On December 12, 2017 I issued a voir dire ruling concerning a traffic stop in Merritt on November 4, 2014 in which the Royal Canadian Mounted Police (RCMP) employed a traffic stop ruse to search a vehicle driven by Mr. McWhirter in which Ms. Stinn was a passenger. [4] That ruling (the Traffic Stop Ruling) is indexed under neutral citation 2017 BCSC 2314. [5] The search that was the subject of the Traffic Stop Ruling involved the use of police dog Whiskey who indicated the presence of drugs in the vehicle. The subsequent physical search of the vehicle was conducted by Whiskey's handler, Constable Eric Thompson who found a quantity of drugs in the car. [6] The accused were arrested at roadside, taken to the Merritt detachment of the RCMP and then provided with access to counsel. [7] Both accused alleged that their rights under ss. 7, 8, 9, 10(a), 10(b) and 11(a) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982 c. 11 [the Charter] were breached by the police so that any evidence obtained as a consequence of the traffic stop and subsequent search should not be admissible at their trial. [8] After hearing the evidence adduced on that voir dire and considering the submissions of counsel I ruled that no Charter breaches had been established. [9] The Traffic Stop Ruling was, in part, based upon the assumption that Corporal Mathew Rattee, the primary investigator into the activities of Mr. McWhirter and Ms. Stinn, who directed the traffic stop by Constable Thompson that resulted in the arrest of the accused had reasonable and probable grounds to arrest both accused. [10] That assumption arose because, as I stated at para. 12 of the Traffic Stop Ruling, Corporal Rattee could not testify on that voir dire due to other commitments from which he could not be extricated. [11] In order to proceed with the substantive voir dire issues within the scheduled time and because the real issue on that voir dire was whether, based upon both information conveyed to him by Corporal Rattee and information obtained by him during his subsequent involvement, Constable Thompson had grounds to detain and then to arrest the accused, it was assumed for purposes of the accused's Charter applications that Corporal Rattee had reasonable and probable grounds to arrest both accused. [12] As I stated in the Traffic Stop Ruling if that assumption later proved to be unsubstantiated when Corporal Rattee later testified the result of that voir dire would be open to re-consideration. [13] Corporal Rattee has now testified. [14] He was examined in chief by the Crown and cross-examined by defence counsel over a span of three days in late November of 2017. No other evidence on this voir dire was adduced. [15] I subsequently heard argument on this voir dire over two days in mid-December of 2017. [16] After considering the evidence adduced on the voir dire, in conjunction also with that adduced on the traffic stop voir dire and the submissions of counsel I concluded that Corporal Rattee did have reasonable and probable grounds to arrest both accused when he directed Constable Thompson to conduct the traffic stop. Accordingly, the Traffic Stop Ruling and the dismissal of the various Charter breaches alleged by the accused are not open to further consideration. [17] On January 8, 2018 I advised counsel of those conclusions with reasons to follow. [18] These are those reasons. II LEGALFRAMEWORK FOR ANALYSIS [19] On this voir dire the burden is on the Crown to prove that the warrantless search of the accused's vehicle on November 4, 2014 was lawful. [20] In order to meet that burden the Crown must establish the existence of reasonable and probable grounds for the arrest of the accused and the subsequent searches of the accused as well as their vehicle incidental to arrest. [21] Whether Corporal Rattee had reasonable and probable grounds to arrest the accused on November 4, 2014 when he directed Constable Thompson to engage the accused in a ruse traffic stop for the purpose of furthering the investigation into the activities of Mr. McWhirter and Ms. Stinn requires consideration of s. 495(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46 which provides: 495 (1) A peace officer may arrest without warrant (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence; [22] The principles engaged in the consideration of what will constitute reasonable and probable grounds to arrest under s. 495 (1)(a) of the Criminal Code have been the subject of judicial consideration at all levels of courts in Canada. [23] A useful summary of those principles was provided by the Saskatchewan Court of Appeal in R. v. Shinkewski, 2012 SKCA 63 [Shinkewski] after that Court's consideration of then existing jurisprudence. [24] At para. 13 in Shinkewski Caldwell J.A. wrote for the Court: [13] The legal standard of "reasonable grounds to believe" has been the subject of considerable judicial interpretation. I do not propose to review it all; however, I make the following observations from the jurisprudence: (a) an arresting officer must subjectively hold reasonable grounds to arrest and those grounds must be justifiable from an objective point of view - in other words, a reasonable person placed in the position of the arresting officer must be able to conclude there were indeed reasonable grounds for the arrest: R. v. Storrey, [1990] 1 S.C.R. 241; (b) an arresting officer is not required to establish the commission of an indictable offence on a balance of probabilities (Mugesera v. Canada (Minister of Citizenship & Immigration), 2005 SCC 40, [2005] 2 S.C.R. 100) or a prima facie case for conviction (R. v. Storrey) before making the arrest; but an arresting officer must act on something more than a "reasonable suspicion" or a hunch (R. v. Morelli, 2010 SCC 8, [2010] 1 S.C.R. 253, at para 91; R. v. Mann, 2004 SCC 52, [2004] 3 S.C.R. 59; R. v. Simpson (1993), 79 C.C.C. (3d) 482 (Ont. C.A.)); (c) an arresting officer must consider all incriminating and exonerating information which the circumstances reasonably permit, but may disregard information which the officer has reason to believe may be unreliable: R. v. Storrey; (d) a reviewing court must view the evidence available to an arresting officer cumulatively, not in a piecemeal fashion: R. v. Savage, 2011 SKCA 65, 371 Sask. R. 283; R. v. Nguyen, 2010 ABCA 146, 477 A.R. 395; and R. v. Storrey; and (e) "...the standard must be interpreted contextually, having regard to the circumstances in their entirety, including the timing involved, the events leading up to the arrest both immediate and over time, and the dynamics at play in the arrest": R. v. Nguyen, at para. 18; and, context includes the experience and training of the arresting officer: R. v. Nolet, at para 48; R. v. Whyte, 2011 ONCA 24, 266 C.C.C. (3d) 5, at para 31; and R. v. Luong, 2010 BCCA 158, 286 B.C.A.C. 53, at para. 19. [25] That summary of the necessary analysis to be undertaken in determining whether a police officer had reasonable and probable grounds to arrest an accused is entirely consistent with the governing jurisprudence in British Columbia and has not been overtaken by more recent jurisprudence from either the British Columbia Court of Appeal or the Supreme Court of Canada. [26] In the specific circumstances of this case and the import of Corporal Rattee's directions to Constable Thompson to engage the accused in the subject traffic stop, I repeat and again adopt the reasoning of Joyce J. of this Court in R. v. Shokar, 2006 BCSC 770 [Shokar] in relation to that interplay between Corporal Rattee and Constable Thompson. [27] As I recorded at para. 83 of the Traffic Stop Ruling, in Shokar at para. 21, Joyce J. wrote: [21] The police officer who must have reasonable and probable grounds to arrest is the one who decides that the suspect should be arrested. The officer who actually effects the arrest is entitled to rely on the request or instruction of another police officer who has the requisite reasonable and probable grounds to justify the arrest. It is not necessary that the officer who actually performs the arrest form an independent judgment that there are reasonable and probable grounds. (See R. v. DeBot and R. v. Hall, 2006 SKCA 19). Therefore, as long as Cst. Currie had reasonable and probable grounds, Cst. Weatherby was entitled to rely on them. III HAS THE CROWN PROVEN THE EXISTENCE OF REASONABLE AND PROBALBE GROUNDS FOR ARREST? [28] The starting point for the assessment of whether Corporal Rattee had reasonable and probable grounds to arrest the accused is the oft-quoted summary provided by Cory J. in R. v. Storrey, [1990] 1 S.C.R. 241 [Storrey] at page 250 in which he wrote: In summary then, the Criminal Code requires that an arresting officer must subjectively have [page251] reasonable and probable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view. That is to say, a reasonable person placed in the position of the officer must be able to conclude that there were indeed reasonable and probable grounds for the arrest. On the other hand, the police need not demonstrate anything more than reasonable and probable grounds. Specifically they are not required to establish a prima facie case for conviction before making the arrest. [My emphasis] [29] In this case the determination of whether Corporal Rattee had the necessary reasonable and probable grounds primarily requires consideration of the objective component of the analysis referred to by Cory J. in Storrey. [30] Although counsel for Mr. McWhirter submitted that Corporal Rattee's evidence of his subjective belief that he had reasonable grounds on November 4, 2014 to believe that the accused were engaged in possessing and transporting controlled substances from the Lower Mainland of British Columbia to Kelowna for the purpose of trafficking was to some extent amplified in a detailed "will-say statement" provided after the events in issue and prior to testifying on this voir dire (and in respect of which he was extensively cross-examined) I am satisfied that his subjective belief was not undermined by either reconstruction or cross-examination. [31] In my opinion, the fact that Corporal Rattee honestly held the requisite subjective belief on November 4, 2014 is conclusively established by the content of the contemporaneous email which he sent to Constable Thompson (also quoted at para. 15 of the Traffic Stop Ruling) at 3:52 p.m. that day. [32] In that email Corporal Rattee wrote: As per our earlier telephone conversation [Redacted] we have tracker surveillance observations of him attending the res in Maple Ridge. [Redacted] tracker capturing his departure from kelowna today. LMD surveillance has acquired McWHIRTER in Abbotsford. This will be McWHIRTER's fourth or fifth trip to this res. I believe that McWHIRTER will be reloading with methamphetamine surveillance has just observed what is btb a hand to hand of McWHIRTER obtaining [Redacted] on Abbotsford. McWHIRTER, Donahaugh Frederick 1973 01 01 2004 black maudi s4 BCLP 359RLT. Will be in the company of gf. STINN Brittany Marie. 0989 04 06 It is very important this be hidden for the time being in a sed file with the pipeline stop to protect our over arching investigation. If you require any further info or clarification Pls call. 250-575-4581. [Quoted as written.] [33] As noted in the Traffic Stop Ruling (at para. 16) after an in camera hearing I ruled that the redacted portions of that email were properly redacted because they could tend to identify an informant. [34] The contents of that email are also important to the assessment of whether from the required objective perspective Corporal Rattee had reasonable grounds to believe that on that date the accused were committing an indictable offence contrary to the Controlled Drugs and Substances Act, S.C. 1996, c. 19. [35] This is so because of Corporal Rattee's references in the email to: a) Visual surveillance; b) Informant information; c) Vehicle tracker surveillance; d) The number of trips by the accused to a specific residence in Maple Ridge; and e) Particulars concerning the accused and the vehicle which they were driving. [36] Counsel for the accused submitted that the information relied upon by Corporal Rattee was in some respects seriously dated; consisted of information in respect of which innocent explanations were available but not fairly considered by the police; and, consisted of information that was insufficiently investigated by the police and thus could not objectively support the conclusions drawn by Corporal Rattee. [37] After having considered those submissions and the evidence adduced on this voir dire I am satisfied that, taken individually in the context of the totality of the evidence of the investigation conducted by the police and also considered cumulatively, the information conveyed by Corporal Rattee establishes objectively reasonable and probable grounds for his belief that on November 4, 2014 the accused were committing an indictable offence by possession and transporting illicit drugs for the purpose of trafficking. [38] My reasons for that conclusion follow. A. Corporal Rattee's experience as a police investigator [39] As stated by Bennett J.A. in R. Luong, 2010 BCCA 158 at paras. 17 to 19: [17] Counsel for Mr. Luong went through each of the observations of the police and pointed out other inferences which could be drawn from those observations - for example, he was delivering something other than drugs, he was lost when he was driving around the neighbourhood streets, he had a legitimate reason for renting a car and for using a cellular telephone while driving. This is not the manner in which this evidence is to be assessed or analyzed. The cumulative effect of the evidence is taken into account when determining whether there are reasonable grounds to arrest someone. The evidence is not assessed on a piece meal basis. See R. v. Storrey, [1990] 1 S.C.R. 241, 53 C.C.C. (3d) 316 at para. 17, R. v. Tran, 2007 BCCA 491, 247 B.C.A.C. 109 at para 17 [18] The cases both before and after the Charter have long established that the Criminal Code requires both that the officer subjectively believe that he or she has reasonable grounds for the arrest and that the grounds are justified from an objective point of view. This means that "a reasonable person placed in the position of the officer must be able to conclude that there were indeed reasonable and probable grounds for the arrest": Storrey, supra at p. 324. [19] Being "placed in the position of the officer" does not just mean making the same observations as the officer, as to many lay people such observations would be meaningless. Included in the assessment of whether the grounds for arrest are reasonable is the officer's experience, training and knowledge: R. v. Juan, 2007 BCCA 351 at para. 27, R. v. To, (1998), 109 B.C.A.C. 242 at para. 11, and R. v Tran, supra. [40] Accordingly, aside for the "cumulative effect of the evidence" that must be considered when determining whether Corporal Rattee objectively had reasonable and probable grounds to arrest the accused when he instructed Constable Thompson to undertake the traffic stop, it is necessary to consider that cumulative effect informed from the perspective of Corporal Rattee's experience, knowledge and training. [41] After receiving his training at the Judicial Institute of British Columbia Corporal Rattee served with the Vancouver Police Department (VPD) from 1995 to 2003 before joining the RCMP that year. [42] By November of 2014 he had almost 20 years of experience as a police officer. [43] That experience included work as a foot patrol officer in Vancouver in the Downtown Eastside and elsewhere in areas of Vancouver where drug use and trafficking were commonplace where he was actively involved in drug investigation at the street level. He also worked as a surveillance officer with the VPD after taking a tactical surveillance course at the Judicial Institute and was involved in surveillance work as a member of a unit attached to the VPD Major Crimes Unit for surveillance in support of major crimes and also in support of other police forces in the Lower Mainland of British Columbia in drug investigations. [44] Corporal Rattee also helped to provide surveillance training for the VPD and other provincial agencies while working with the VPD. He also did that after 2003 when he joined the RCMP. [45] From 2003 to 2013 Corporal Rattee was stationed with the RCMP in various small to medium sized communities in British Columbia including three years in Vernon with the General Investigation Section investigating serious crimes including drug trafficking, primarily involving cocaine and heroin. He also had experience and training in the handling of confidential informants [46] Corporal Rattee joined the Combined Forces Special Enforcement Unit (CFSEU) of the RCMP in 2013 for Southeastern British Columbia in 2013 and was stationed in Kelowna with that unit until July of 2016 when his involvement in the investigation of Mr. McWhirter and Ms. Stinn ended. [47] Corporal Rattee remains with the RCMP as a supervisor of eight officers in Kamloops. Although he has gained additional experience in that role that experience is not relevant to the issues engaged in this inquiry. [48] What is relevant is his experience, knowledge and training as a police officer as of November 4, 2014 when he directed Constable Thompson to conduct the traffic stop that led to the arrest of the accused. [49] Corporal Rattee testified that the mandate of the CFSEU was to target individuals identified by a Provincial Tactical Enforcement Plan that the police believed were the "largest threats to community safety". Once so identified those targets would be handled as major case management files with leadership roles including a "command triangle" and with various investigative roles including surveillance and the development and handling of confidential informants assigned to team members. [50] In March of 2014 at the beginning of the investigation into the activities of Mr. McWhirter (who had been identified as a target for CFSEU investigation because of suspected drug trafficking and the belief that he was a member of a criminal organization known as the Independent Soldiers) Corporal Rattee acted as the investigative team's surveillance leader while at the same time working on other investigations in relation to suspected organized crime and drug offences. [51] In July of 2014, about four months after the commencement of the investigation of Mr. McWhirter, Corporal Rattee was promoted to the role of primary investigator. [52] That occurred when the then commander of the investigation team retired and Corporal Mike Traas who had previously been the primary investigator became the team commander. After Corporal Rattee was promoted to the primary investigator role he undertook that role until January 29, 2015 by which time both accused had been arrested on all charges for which they now stand trial. [53] As the email of November 4, 2014 from Corporal Rattee to Constable Thompson indicates the CFSEU investigation of Mr. McWhirter employed numerous investigative techniques in seeking to determine whether he was involved in drug trafficking and as well as involved in trying to re-build the Independent Soldiers criminal organization whose leader had by then been incarcerated. [54] In determining that Corporal Rattee had the requisite reasonable and probable grounds to arrest both of the accused on November 4, 2014 when he directed Constable Thompson to initiate the traffic stop of their vehicle near Merritt I have reviewed those investigative techniques, the results of them and the interpretation of those results by Corporal Rattee in the context of his knowledge, experience and training. I have done so bearing in mind the submissions of both defence counsel that the Crown failed to prove that the information obtained did not support the requirement of objective reasonableness required by s. 495(1)(a) of the Code. B. Confidential Informant information and visual surveillance [55] The reliability of the confidential informant information developed and relied upon by the police in the investigation of Mr. McWhirter and eventually Ms. Stinn must be assessed not only in the context of the belief in the reliability of each handler of the various informants but also having regard to police surveillance evidence to the extent that it verified confidential information obtained and informed the interpretation of the surveillance officers and Corporal Rattee of that surveillance evidence. [56] It is not necessary to recount the totality of the confidential informant information obtained by the police that was obtained prior to the arrest of the accused on November 4, 2014. [57] It is sufficient for the purposes of the decisions I have reached on this voir dire to summarily record the surveillance evidence that was most important to the formation of Corporal Rattee's determination that, on that date, he had objectively reasonable and probable grounds to direct the arrest of both accused. Summary of Confidential informant information [58] Corporal Rattee testified that the police received information form five confidential informants. [59] As noted by counsel for the accused, much of that information was not specific to Mr. McWhirter being involved in drug dealing or other illegal activity. It also did not directly implicate Ms. Stinn as being involved with Mr. McWhirter other than as his girlfriend or as the owner of the black Audi vehicle which either she or Mr. McWhirter usually drove and in which they were stopped in Merritt on November 4, 2014. [60] Aside from that information as to the association of the Audi to Mr. McWhirter, some or all of the five confidential informants provided information that became important to the investigation and the development of Corporal Rattee's theory and his subsequent belief that Mr. McWhirter was obtaining illicit drugs from a source in the Lower Mainland and distributing those drugs through associates he recruited for that purpose. [61] That information included the following assertions provided by four of the confidential informants about Mr. McWhirter. [62] In the summer of 2014 the police were informed that Mr. McWhirter's nickname is "Blaze" and that: 1) He sells powder cocaine; 2) He is associated to the Independent Soldiers; 3) Dylan Winslow has been hanging around with Blaze a lot and has been recruited by him to the Independent Soldiers; 4) Blaze supplies Dylan Winslow with cocaine to sell; 5) Blaze sells meth; 6) Blaze does not have a driver's licence and sometimes gets other people to drive him; 7) He holds drugs in his car (the Black Audi); 8) He sells drugs at the ounce level; and 9) He sells drugs from his house. [63] In the fall of 2014 the police were informed by the fifth informant that: 1) Blaze is taking over the Independent Soldiers; 2) Donny (the previous leader of the Independent Soldiers) is away; 3) Blaze sells cocaine and methamphetamine as well as down (heroin); 4) Blaze gets his cocaine from the Lower Mainland; and 5) Blaze loads "D-cup" in Kelowna with cocaine. [64] As a consequence of informant information as well as the information that had first led to the CFSEU's investigation of Mr. McWhirter in the spring of 2014 the investigative team undertook surveillance of him on an ongoing basis. [65] That surveillance evidence concerned observation by the investigating CFSEU team of Mr. McWhirter and Ms. Stinn in and around Kelowna. Eventually evidence was also obtained from surveillance of the accused in the Lower Mainland that was conducted by surveillance officers in that area. [66] As with the totality of the confidential informant information that was obtained by the police it is not necessary to record all of the evidence obtained from the ongoing visual surveillance evidence. I will accordingly record only a summary of surveillance evidence from the Kelowna area and from the Lower Mainland area that was important to the formation of Corporal Rattee's grounds for believing that the accused were transporting drugs from the Lower Mainland to Kelowna for the purpose of trafficking. Summary of visual surveillance evidence in the Kelowna area [67] Beginning in the spring of 2014 the CFSEU investigators began to perform "lifestyle surveillance" of Mr. McWhirter. [68] About that surveillance Corporal Rattee testified that: A When the surveillance teams would go out, a lot of the surveillance was to conduct lifestyles on Mr. McWhirter and Ms. Stinn. The surveillance will provide a time which an observation is made, where the observation is made, like a location of that observation, a detailed narrative in brief of that observation, and the police member who made the observation. That would form a typical line of surveillance, and that would have a starting time and an end time when surveillance was terminated. It would also capture a log of any unknown vehicles or persons that were new to the surveillance set. [69] The most significant surveillance evidence from the Kelowna area considered by Corporal Rattee concerned observations the police interpreted as verifying the substance of the confidential informant information they had obtained during the investigation. [70] In summary, those observations and the interpretation of them include: 1) On May 14, 2014 at 5:51 p.m. police surveillance officers observed the black Audi associated to Mr. McWhirter and Ms. Stinn in the parking lot of a Wendy's restaurant on Hollywood Road in Kelowna. Mr. McWhirter was in the passenger side of the vehicle when an unidentified male approached and handed Mr. McWhirter with "something" from his right pocket. Two minutes later the Audi departed with Ms. Stinn driving. Surveillance then associated the unidentified male who had interacted with Mr. McWhirter to a BMW driven by another unidentified male. At 5:54 p.m. the black Audi was observed in the parking lot of a residence on Highway 33 with Ms. Stinn in the parking lot. Five minutes later Mr. McWhirter left that residence carrying a shoulder bag. He got into the Audi which then left. One minute later it returned to the Wendy's restaurant parking lot and parked beside the BMW associated to the first unidentified male who then walked to the passenger side of the Audi, reached in with his right hand and then placed "something" in his right pocket. The Audi then left the parking lot with Ms. Stinn driving. Concerning these observations, Corporal Rattee testified: This whole event is approximately 19 minutes long and-it involves Mr. McWhirter obtaining something from an unknown male, going to an address and coming back and delivering something to the same male. That is certainly consistent with a drug purchase where the drug seller had to go load from a different location. I have seen this before and it is consistent with my experience. 2) On June 24, 2014, the police surveillance officer observed Mr. McWhirter and Ms. Stinn at the Packing House Pub in Kelowna where they were joined by Dylan Winslow. Shortly after Mr. Winslow joined them he received something from either Mr. McWhirter or Ms. Stinn which he then placed in his pocket. Corporal Rattee believes that the package contained a controlled substance because of the confidential informant information the police had received that asserted that Mr. McWhirter was supplying drugs to Mr. Winslow to sell. 3) On August 12, 2014 in Lake Country near the residence then occupied by Mr. McWhirter and Ms. Stinn the police surveillance officer observed Mr. Winslow standing beside a motorcycle in a parking lot texting on a cellular phone. Six minutes later the police observed the black Audi driven by Mr. McWhirter parked in the same parking lot with Mr. Winslow in the passenger seat. One minute later Mr. Winslow left the Audi and placed a package similar in size to a deck of cards into a man-purse. The police then observed the Audi leaving the parking lot and saw Mr. Winslow secure the package in the man-purse on his body and leave the parking lot on the motorcycle. An experienced surveillance officer and Corporal Rattee interpreted this meeting as a transaction in which Mr. McWhirter supplied drugs to Mr. Winslow. They based that conclusion upon informant information, the timing and nature of the transaction and its proximity to Mr. McWhirter's residence. 4) On September 13, 2014 police surveillance officers observed Mr. McWhirter leaving the Packing House Pub with persons the police had associated to him, including a female believed to be Angela Deschene with whom he had a conversation. A parallel police undercover operation targeting Ms. Deschene resulted in the successful purchases of cocaine on September 29 and September 30, 2014 and her subsequent arrest. Corporal Rattee testified that those purchases corroborated the confidential informant information that Ms. Deschene was "D-Cup" whom Mr. McWhirter was "reloading" with cocaine. 5) On October 14, 2014 Mr. McWhirter was observed by police to be driving the black Audi from a residence on Hollywood Road in Kelowna while Ms. Stinn was seen driving a Blue Mustang from that residence. At 5:33 p.m. both vehicles pulled into the Post Haus Pub on Highway 33 and Mr. McWhirter was observed talking to two unknown males at the back of the Blue Mustang. At 6:01 p.m. a male believed by the police to be Mark Pauls carrying a backpack was observed walking towards the Audi and Mr. McWhirter left the Audi to talk with him. A second unknown male carrying a green backpack joined them. Both were then observed leaving the scene with their respective backpacks and observed putting them into the trunk of the Blue Mustang. Later that evening a Kelowna RCMP officer conducted a traffic stop of that Blue Mustang and identified the driver as Kevin Irvine and the passenger Mark Pauls. 6) On October 20, 2014 (after Mr. McWhirter and Ms. Stinn had travelled to the Lower Mainland as I will later discuss) Mr. McWhirter was observed at Rusty's Pub in Kelowna meeting with "10 to 14 Independent Soldiers or associates". After that meeting Mr. Irvine and Mr. Pauls (two of those with whom Mr. McWhirter had met) were stopped by police who seized five ounces of methamphetamine from them. Corporal Rattee testified that these occurrences corroborated confidential informant information that Mr. McWhirter was associated to and taking over the Independent Soldiers while "Donny was away". He also testified that: A There is a significance that this was -- this one I just des -- described occurred on a date that Mr. McWhirter and Ms. Stinn travelled to the lower mainland, came back to Kelowna, and they met with persons associated to the Independent Soldiers, which corroborates the information of Informant B, that Mr. McWhirter is associated to the Independent Soldiers and that it -- it furthers my belief of the information that Mr. McWhirter sells methamphetamine after he met with these two persons, Mr. Irvine and Mr. Pauls, who were also associated to the Independent Soldiers, that they were checked with five ounces of methamphetamine. 7) On October 23, 2014, in Lake Country a police surveillance officer observed the Audi drive to and then, park in a MacDonald's restaurant parking lot. The surveillance officer reported that one minute after the Audi was parked Mr. Winslow left a white Nissan parked three stalls away and entered the Audi in which Mr. McWhirter was seated and while Ms. Stinn was standing outside. After two minutes Mr. Winslow left the Audi with a package and returned to the Nissan in which an unknown male was still seated. Corporal Rattee testified that in his experience the short duration of the meeting inside the Audi; Mr. Winslow leaving with a package; as well as informant information that Mr. Winslow was selling drugs for Mr. McWhirter was consistent with Mr. McWhirter reloading Mr. Winslow with drugs. [71] Concerning the totality of those observations and the extent to which they informed his reasonable and probable grounds to arrest the accused on November 4, 2014 when he directed Constable Thompson to undertake the traffic stop of the Audi Corporal Rattee testified: Q At what point in time did you believe you had reasonable and probable grounds for the arrest of Mr. McWhirter and Ms. Stinn, at what point in time in terms of the investigation? A In the first instance many of these observations and surveillance are one off. They could be explained by other rationale. Specifically when the surveillance involved Mr. McWhirter, Ms. Stinn, and Dylan Winslow, the first meeting was consistent with -- with drug reload and the second meeting I was quite confident that what I was seeing was a reload given the short duration meet, the move away from the residence so your home is not detected as a drug residence, and the fact that an item was seen exchanged. That happened on the second meeting at the McDonalds Lake Country. The third meeting I was certain that that was a drug substance. I believed that both could be arrested for possession for the purpose of trafficking at that point. That was in -- that was on September or I believe it was October 23rd. My theory that the confidential informer information provided that Mr. McWhirter was loading with drugs from the lower mainland, that Mr. McWhirter was dealing drugs or selling drugs to Dylan Winslow for sale, that he was supplying D-Cup, all built on one another. They added to my overall grounds. When the investigative thought that Gabor / Korbely was supplying Mr. McWhirter with drugs J from the lower mainland, after the fourth trip of short duration to Mr. Korbely's residence on November 4th, I had formed my reasonable and probable grounds to believe that if he was returning from Vancouver, or in this case Maple Ridge, that I believed that there were going to be drugs in that vehicle and he was arrestable for possession for the purpose of trafficking. Q Now, you've referenced Mr. McWhirter. Could you explain the basis for the arrest for Ms. Stinn? A Yes. I -- I provided surveillance observations that have Ms. Stinn driving Mr. McWhirter's vehicle, short-duration meets with Mr. McWhirter and other persons meeting Mr. McWhirter, travels to other residence for what I believe is a pickup and a reload of drugs to provide back to the purchaser, and I believe that her driving Mr. McWhirter was not simply complicit. I believe that Ms. Stinn was aware of what was going on by the nature of it occurring so many times and that she had knowledge that this was going on. [72] Given the importance of the surveillance evidence concerning the trips by the accused to the Lower Mainland to the objective reasonableness of Corporal Rattee's belief that he had reasonable and probable grounds to arrest both accused on November 4, 2014 for possession of drugs for the purpose of trafficking I will next review that evidence. Summary of tracker surveillance and physical surveillance evidence from the Lower Mainland [73] The visual surveillance evidence from the Lower Mainland arose as a consequence of the RCMP obtaining of a warrant in May of 2014 for the installation of a tracking device on the Audi owned by Ms. Stinn. [74] After it was installed that tracking device led the CFSEU investigators to engage the assistance of surveillance officers in the Lower Mainland to observe the accused's activities on some frequent very short trips before returning to Kelowna, [75] Corporal Rattee identified eight specific trips to the Lower Mainland as informing his belief that he had reasonable and probable grounds to arrest the accused on November 4, 2014. [76] Those eight trips resulted in the following surveillance observations and conclusions by Corporal Rattee: 1) On June 24, 2014, the Audi vehicle was tracked from Kelowna for a short round trip with stops at gas stations and restaurants. Concerning that trip Corporal Rattee testified that there did not appear to be any purpose to it and based upon his experience such a trip would usually be for some purpose. 2) On July 18, 2014, the Audi left the accused's residence at about 9:00 a.m. went to Canem Auto in Kelowna at 10:51 a.m. and stayed there until 12:52 p.m. Tracker data established that the vehicle was in Merritt at 2:51 p.m.; in Hope at 3:26 p.m. with stops in Hope until 3:48 p.m.; and then in Surrey at 5:02 p.m.. Thereafter the tracker data records a stop at the Guildford Mall in Surrey until 6:40 p.m. with stops at: a bank; a Starbuck's restaurant; and, a sushi restaurant nearby until 7:48 p.m. The vehicle was then tracked to a Safeway in Maple Ridge and then to a residence from 8:13 to 8:50 p.m. followed by a return to the Okanagan where the Audi arrived at 12:17 a.m. on July 19, 2017. Concerning that trip Corporal Rattee testified: A The times, I think I described it previously that they were short duration, they were point A to point B, and that the locations are mostly gas stations and restaurants. There is an address in Mission there, but outside of that, there is stops at gas stations, restaurants, open areas. Q And what did you conclude as a result of this? A Weil, if -- it seems peculiar to me that you would drive down to Vancouver to go for a coffee or to go for sushi. The shopping could be explained, but it -- it certainly seemed like a short stop to do shopping in the middle of the day and turn back around and go to -- back to your residence many cities away and hundreds of kilometres away. If anything, I attach that this may be some type of dry run for any timings or any type of detection by police. Q And is there something in your experience that leads you to draw that possibility? A Without a direct observation of what they were doing at those locations, no. 3) On July 23, 2014, surveillance was incomplete due to a data failure. Corporal Rattee testified that to the extent available the data established that the Audi left Kelowna sometime on July 23, 2014 for the Lower Mainland and was westbound on Highway 1 near the Sumas exit at 6:18 hours. At 5:24 p.m. it was in Hope. 4) On September 28, 2014, tracker data establishes that the Audi left the accused's residence in Lake Country at 1:00 p.m. for stops in the Kelowna area until about 2:00 p.m. and was then in Merritt at about 3:00 p.m. for a restaurant stop of about 14 minutes. It was then tracked to: a Chilliwack gas station; a Shell subway restaurant in Mission; and, then to a residence on 124th Avenue in Maple Ridge from 5:33 to 5:42 p.m. The Audi was then tracked at 6:00 p.m. to a residence on 261st Street in Maple Ridge identified as that of Gabor Korbely which it then left at 6:20 p.m. The Audi left the Maple Ridge area between 6:30 and 7:00 p.m. returning to the accused's Lake Country residence at 10:15 p.m. that night. 5) Corporal Rattee testified that the significance of the September 28, 2014 trip was the stop of the Audi at the Korbely residence in Maple Ridge. Corporal Rattee testified that at a briefing session after that tracker information became available to the investigative team Staff Sergeant Skrine informed the investigators that to his knowledge from years before when he had worked in the Lower Mainland there was "police information and a police belief that Mr. Korbely was associated to the Hells Angels and with the production of methamphetamine". Corporal Rattee testified that that information was of significance to building on his theory that the one-day round trip visits of the accused to the Lower Mainland from the Okanagan were "purpose built" and confirmatory of informant information that Mr. McWhirter was obtaining his drugs from the Lower Mainland. In following up on the information provided by Staff Sergeant Skrine on instructions from Corporal Rattee an analyst located a New Westminster Police file concerning an assault in somewhat bizarre circumstances. Relevant to the investigation of the accused, however, that report stated in part: The complainant was only familiar with one of the males known as Gabe. Gabe was described as a big guy associated to Hells Angels, and responsible for the production of methamphetamine and ecstasy. Gabe -- Gabe drove a black lifted Ford pickup truck with 44-inch tires. During the investigation, a black Ford pickup registered to Gabor Korbely was located in the -- where this incident occurred. It's believed that Gabe was Gabor Korbely 6) On October 9, 2014, tracker surveillance evidence indicated that the Audi left Kelowna at 4:19 p.m. At 6:32 p.m. police visual surveillance teams observed the Audi in the Lower Mainland with Mr. McWhirter driving. At 7:34 p.m. tracker surveillance data indicated that the Audi was again at the Korbely residence. At 7:55 p.m. physical surveillance also confirmed that the Audi was at the Korbely residence from which it departed at 8:55 p.m. with Mr. McWhirter driving and Ms. Stinn a passenger. At 12:25 a.m. on October 10, 2014, police surveillance officers observed the Audi in West Kelowna and saw Mr. McWhirter change places with Ms. Stinn so that she was now driving. The Audi then arrived at the accused's residence at 1:06 a.m. At that time a police surveillance officer observed Mr. McWhirter open the rear passenger side door of the Audi and with his right hand retrieve a small man-purse and a "weighted clear plastic produce style bag approximately half-full of a white clumpy substance". The officer then observed Mr. McWhirter walk both items past the garbage bin towards the front of the residence followed by Ms. Stinn. Concerning the significance of this surveillance information Corporal Rattee testified: Q And in terms of the plastic bag with the white clumpy substance, did you place any significance on the sequencing of events on that date and when that bag was observed? A The bag was observed after the trip and stop at Gabor Korbely's. It could be explained as many things, but it's -- in my experience, I've seen drugs packaged like that, and when combined with the significance of that trip, believing that Mr. McWhirter is going to the Lower Mainland to replenish his supply of drugs, based on what a confidential informer has provided, and the information that the address associated to Mr. Korbely is associated to a male associated to the Hells Angels and methamphetamine. Q In terms of the white clumpy substance, are you aware of any drugs that may appear as white clumpy substances? A Many drugs could appear as a white clumpy substance. Cocaine I've seen as a clumpy substance, heroin inside a plastic bag could appear white and clumpy as could methamphetamine. 7) On October 20, 2014, the accused made what Corporal Rattee testified was the sixth of eight short trips to the Lower Mainland before he directed Constable Thompson to conduct the traffic stop on November 4, 2014. On October 20, 2014, tracker surveillance evidence established that the Audi left the Kelowna area at 8:00 a.m. and returned at 8:00 p.m. That trip also included a stop (for between 4 and 18 minutes) at the Korbely residence. It also included a short stop at the Fraser Regional Correctional Centre and then another very short stop at the Korbely residence before returning to Kelowna. Of significance to Corporal Rattee was again the stops at the Korbely residence. It was after that October 20, 2014, trip that Mr. McWhirter was observed at Rusty's Pub in Kelowna meeting with "10 to 14 Independent Soldiers or associates" after which Mr. Irvine and Mr. Pauls (two of those with whom Mr. McWhirter had met) were stopped by police who seized five ounces of methamphetamine from them. 8) On October 30, 2014 tracker surveillance information established that the Audi was left at Canem Auto in Kelowna while the accused obtained a Suzuki vehicle in which they travelled to the Lower Mainland. In the absence of a tracking device the police tracked the location of Mr. McWhirter using a "cell-phone ping" as well as physical surveillance when possible. At 4:45 p.m. the Suzuki was seen pulling into the driveway of the Korbely residence and at 4:54 p.m. was observed leaving with Mr. McWhirter driving. At 8:11 p.m. the Suzuki was seen pulling into a hotel parking lot in Abbottsford and did not leave until the next day. Only the stop at the Korbely residence was of significance to Corporal Rattee in respect of that overnight trip. 9) On November 4, 2014, the day on which Corporal Rattee directed Constable Thompson to arrest the accused, police surveillance evidence again tracked the Audi leaving Kelowna in the morning heading to the Lower Mainland. Before Corporal Rattee provided his verbal and email instructions (recorded at para. 32) to Constable Thompson surveillance evidence had established that: a Lower Mainland CFSEU surveillance team police obtained visual surveillance of the Audi and that at 3:34 p.m. in Abbotsford met with a grey Ford Escape at 34618 Declair Road; the vehicles then drove to a MacDonald's parking lot and parked next to one another; the police observed Mr. McWhirter leave the Audi empty-handed and enter the passenger side of the Escape; and, leave the Escape approximately 30 seconds later carrying a small cloth-style shopping bag rolled around "an object which appeared 4 to 6 inches in his left hand". The Audi then left the parking lot. 10) Later on November 4, 2014 Corporal Rattee received physical surveillance information that the Audi was in the driveway of the Korbely residence with lights on and engine running. At 4:56 p.m. Mr. McWhirter was observed pouring gas in Mission and also seen opening the car where he "appeared to be moving objects around". After closing the trunk lid he went to the driver's side of the Audi driving east. 11) About that day Corporal Rattee testified that: Prior to this, I had decided that this -- if all of the information was continuing down my investigative path, that Mr. McWhirter and Ms. Stinn were driving to Gabor Korbely's to load with controlled drugs, if he attended that residence again with surveillance observations putting him there, and if he returned home, that a stop would be made in Merritt, British Columbia. [77] As detailed in the Traffic Stop Ruling Constable Thompson engaged the services of the Merritt RCMP to effect the stop of the Audi which included the deployment of service dog "Whiskey". Illicit drugs were subsequently located in the vehicle and both accused were arrested. C. Defence submissions on Reasonable and Probable Cause [78] As noted at para. 36 of this ruling counsel for the accused submitted that the information relied upon by Corporal Rattee was in some respects seriously dated; consisted of information in respect of which innocent explanations were available but not fairly considered by the police; and, consisted of information that was insufficiently investigated by the police. [79] They say that the available information could not objectively support the conclusions drawn by Corporal Rattee. [80] More specifically, as I apprehend those submissions both from oral arguments and from the extensive cross-examination of Corporal Rattee, counsel for Mr. McWhirter relied upon: the general nature of some of the confidential informant information; the existence of police information from 2013 that the Independent Soldiers and Mr. McWhirter were no longer active in the Kelowna area; the inability of tracker data alone to establish who was driving or occupying the Audi at any time or the purpose for a specific stop; the limitations on the ability of physical surveillance to know specifically what occurs at any time when those observed are out of sight or observed from a distance; the failure of Corporal Rattee to consider possible innocent explanations for the short trips to the Lower Mainland and for the numerous stops at gas stations and restaurants each trip; some inaccuracy in the significance of the association of the Blue Mustang to Mr. Pauls and Mr. Irvine; and, the limited number of known interactions between Mr. McWhirter and Mr. Winslow as well as between Mr. McWhirter and Ms. Deschene given the total length of the investigation all of which she submitted undermined the objective reasonableness of Corporal Rattee's determination that he had the requisite grounds to arrest the accused on November 4, 2014. [81] In addition, Ms. Corriveau challenged the extent of Corporal Rattee's investigation into Gabor Korbely; the timing of it; and, the extent to which it could reasonably objectively support Corporal Rattee's determination that the accused would be in possession of controlled substances on November 4, 2014 when returning from the Lower Mainland to the Okanagan. [82] Counsel for Ms. Stinn joined in those submissions but additionally submitted that even if the evidence was sufficient to establish objectively reasonable and probable grounds with respect to the arrest of Mr. McWhirter it objectively failed to sufficiently directly implicate Ms. Stinn in any drug trafficking. [83] More specifically, Mr. Newcombe relied upon: Corporal Rattee's acknowledgment that other than that possibly on June 24, 2014 at the Packing House Pub in Kelowna Ms. Stinn was not seen passing anything to anyone and also that on that occasion the observation of the surveillance officer was that either Ms. Stinn or Mr. McWhirter passed something to Mr. Winslow. He also relied upon Corporal Rattee's acknowledgment that the Blue Mustang that Ms. Stinn was seen driving on October 14, 2014 into which backpacks were placed by persons identified as Mark Pauls and Kevin Irvine was not stopped until the next day, and that although those two individuals were in it when stopped the next day no drugs were found. Further, when Mr. Pauls and Mr. Irvine were arrested for possession of methamphetamine on October 20, 2014 after Mr. McWhirter's attendance at Rusty's Pub after retuning from the Lower Mainland that evening they were driving a black Honda, not the Blue Mustang. IV CONCLUSION [84] After considering all of the arguments of counsel for both accused in the context of the whole of the evidence on this voir dire I have concluded that Corporal Rattee had both subjectively and objectively reasonable and probable grounds to arrest Mr. McWhirter and Ms. Stinn on November 4, 2014 when he directed Constable Thompson to employ the ruse traffic stop for that purpose as detailed in the Traffic Stop Ruling. [85] In reaching that conclusion I have determined that while the arguments relied upon by counsel for the accused with respect to specific aspects of the information relied upon by Corporal Rattee may undermine some of the conclusions drawn related to some of that information, the totality of the circumstances and evidence relied upon him remain more than sufficient to establish objectively reasonable grounds for arrest. [86] I reach that conclusion for the following reasons: 1) While some of the informant information was not particularly compelling or probative, other aspects of it were and were largely corroborated by the extensive surveillance evidence and other police investigative steps. While of necessity, the surveillance evidence involved some interpretation by Corporal Rattee, I find that his interpretation of it was objectively reasonable when viewed from the perspective of his knowledge and experience as a police officer and drug investigator. 2) The fact that the Kelowna RCMP had concluded that the Independent Soldiers and Mr. McWhirter were not operating in Kelowna in 2013 does not undermine the fruits of the CFSEU targeted investigation in 2014. 3) The inability of tracker data to establish who was driving or occupying the Audi at any time or the purpose for a specific stop does not undermine the value of the information obtained when considered in its totality and in conjunction with physical surveillance evidence. 4) I accept that the limitations on the ability of physical surveillance to know specifically what occurred at any time when those observed were out of sight or when observed from a distance can give rise to potential concern with respect to interpretation of those events by the observers. In this case, however, the conclusions drawn by Corporal Rattee with respect to the meetings between Mr. McWhirter and Dylan Winslow in the Audi; with others associated to the Independent Soldiers; and with Ms. Deschene were all objectively reasonable given his experience and the totality of the information available to him. 5) Surveillance evidence concerning the extent that Ms. Stinn may have been involved in passing something to Mr. Winslow on June 24, 2014 was acknowledged by Corporal Rattee as being weak as direct evidence of Ms. Stinn's involvement in the dealing of drugs and was not specifically relied upon him in formulating his grounds to arrest her on November 4, 2014. 6) Surveillance evidence concerning the white clumpy substance in the produce style clear plastic bag after Mr. McWhirter returned from the Lower Mainland after a stop at the Korbely residence is compelling evidence that the bag contained drugs and the timing of that observation is also compelling evidence that the contents of the bag were obtained in the Lower Mainland before the accused returned to Kelowna after that short trip. 7) The accused's submission that Corporal Rattee failed to consider possible innocent explanations for the short trips to the Lower Mainland and for the numerous stops at gas stations and restaurants each trip does not satisfy me that any such failure to do so negated the existence of otherwise objectively reasonable and probable grounds. Corporal Rattee acknowledged that individually any particular stop could have an innocent explanation but that the totality of the stops, and the frequency of the visits to the Lower Mainland for trips of such short duration did not appear innocent. Although he acknowledged that he may have known that Mr. McWhirter had a daughter in the area whom he might be visiting Corporal Rattee was focussed on the stops at the Korbely residence after September 28, 2014, which were consistent with the informant information then available and the police information concerning Mr. Korbely and an association to the Hells Angels and methamphetamine. 8) Corporal Rattee acknowledged some confusion in his evidence concerning the significance of the association of the Blue Mustang to Mr. Pauls and Mr. Irvine. Although he initially thought that Mr. Pauls and Mr. Irvine had been arrested in the Mustang and found in possession of cocaine at that time he later acknowledged that when they were arrested and the drugs were seized they were driving a black Honda. The evidence linking them to the Blue Mustang was limited to them being stopped in that car that evening sometime after it was driven to the Post Haus Pub by Ms. Stinn when Mr. Pauls and Mr. Irvine were seen putting backpacks in the trunk of the Blue Mustang on October 14, 2014. The fact that no drugs were found during that traffic stop considerably weakens the conclusions that could be drawn associating either accused to trafficking in drugs that day. It does not, however, sufficiently diminish the totality of the evidence relied upon by Corporal Rattee on November 4, 2014, to render the arrest of the accused objectively unreasonable. That is particularly so given that Mr. Pauls and Mr. Irvine were arrested and methamphetamine was seized from them on October 20, 2014 after being at Rusty's Pub with Mr. McWhirter who had returned there from the Lower Mainland that evening after having stopped at the Korbely residence. 9) I am similarly satisfied that the total length of the investigation when compared to the limited number of known interactions between Mr. McWhirter and Mr. Winslow (three) and between Mr. McWhirter and Ms. Deschene (one) does not serve to undermine the objective reasonableness of Corporal Rattee's determination that he had the requisite grounds to arrest both accused on November 4, 2014. In my view, it is the quality of the evidence of those interactions - linking Mr. McWhirter directly to drug dealing consistent with informant information - not the quantity of them that substantiates the objective reasonableness of Corporal Rattee's beliefs. 10) Although both counsel questioned the reliability of the police information concerning Mr. Korbely given the dated police report relied upon by Corporal Rattee in his will-say statement and to a limited extent suggested that he had included that information somewhat after the fact to support his grounds for belief, I accept that Corporal Rattee chose that specific report due to the extent that it corroborated information obtained from Staff Sergeant Skrine about Mr. Korbely's association of to both the Hells Angels and methamphetamine in the context of current informant information that Mr. McWhirter was obtaining drugs from the Lower Mainland to sell in the Okanagan. 11) The importance of the Korbely residence to Corporal Rattee's determination to arrest the accused on November 4, 2014 was elicited by counsel for Mr. McWhirter when she examined him about his grounds that day. He testified that: Q Okay. All right. So again, on November 4th, tell us what makes you think he's committing an offence at that time? A Okay. I had spoken to the surveillance observations on Dylan Winslow. I've spoken on the surveillance observations and undercover operations that are corroborating the source information on D-Cup. I provided other situations of meets which I would describe as consistent with drug meets, and that's what my belief was. And my grounds are building as I go. There was -- there was never a day that all of a sudden all the grounds were there. There was a date that they developed, and on November the 4th all those grounds were there. A To further the observations of surveillance, whether they related to Winslow or D-Cup or other activities believed to be related to drug activity and trafficking. The address in Maple Ridge was developed. I've explained how that came in on the 28th as a location, developed further from there with a target profile with some known police beliefs of the occupant of that address. Other trips, some surveillance corroborating those trips, other trips just by tracker data. It was my belief when Mr. McWhirter and Ms. Stinn drove to the Lower Mainland, and if they had made a stop at Mr. Korbely's, which ultimately they did, that it was my belief that they were going down there to load with drugs, and if they were returning they were going to loaded with drugs. And, yes, at that point they were both arrestable for possession for the purpose of trafficking. 12) I find that the fact that attendance at Mr. Korbely's residence on four occasions between September 28, 2014 and November 4, 2014 became central to Corporal Rattee's theory that Mr. McWhirter was obtaining drugs from Mr. Korbely was, in all of the known circumstances, entirely reasonable. [87] In concluding that Corporal Rattee had reasonable and probable grounds to arrest both accused on November 4, 2014 I have also considered counsel for Ms. Stinn's submissions about the very limited evidence of Ms. Stinn having actually participated in trafficking of any drugs. As noted the only evidence potentially linking her directly to such participation relates to a transfer of "something" from either her or Mr. McWhirter to Mr. Winslow on June 24, 2014 at the Packing House Pub. [88] Standing alone that evidence would not be sufficient to objectively reasonable establish grounds for arrest and Corporal Rattee did not rely upon it in formulating his grounds for her arrest. [89] Concerning his basis for the arrest of Ms. Stinn, as I have noted above at para. 72, Corporal Rattee testified: Q Now, you've referenced Mr. McWhirter. Could you explain the basis for the arrest for Ms. Stinn? A Yes. I -- I provided surveillance observations that have Ms. Stinn driving Mr. McWhirter's vehicle, short-duration meets with Mr. McWhirter and other persons meeting Mr. McWhirter, travels to other residence for what I believe is a pickup and a reload of drugs to provide back to the purchaser, and I believe that her driving Mr. McWhirter was not simply complicit. I believe that Ms. Stinn was aware of what was going on by the nature of it occurring so many times and that she had knowledge that this was going on. [90] While those grounds are obviously less compelling than those related to Mr. McWhirter I am satisfied that based upon the totality of the evidence they are both subjectively and objectively reasonable within the meaning of s. 495(1)(a) of the Criminal Code. [91] All of the evidence obtained on November 4, 2014 as a consequence of the arrest of the accused and the search of the Audi during the traffic stop is admissible at trial. "The Honourable Mr. Justice Davies"