Canada Case Law

R. v Menu

Court

Supreme Court of British Columbia

On the criminal standard, the Crown proved that the accused had constructive possession and primary control of large quantities of dried cannabis and cannabis concentrates located throughout the residence and basement, supported by inventory sheets in his hand, fingerprints, cash, packaging materials and expert evidence, and therefore was guilty of possessing cannabis for the purpose of distribution and sale (ss.9(2) and 10(2) Cannabis Act); the accused was guilty of possession of cocaine for the purpose of trafficking by virtue of constructive possession and/or by aiding the basement occupan…

Source excerpt

• Possession for the purpose of trafficking
• Constructive possession
• Joint possession
• Circumstantial evidence
• Search of residence
• Expert opinion on drug distribution

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R. v. De Castro

Court

Supreme Court of British Columbia

After guilty pleas to drug trafficking-related offences, the court imposed 12 months’ concurrent imprisonment, rejecting a conditional sentence because of youth involvement and the scale of the operation.

• Possession for purpose of trafficking
• Trafficking
• Conditional sentence
• Denunciation
• Deterrence
• Youth victimization

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United States of America v. Ellingson

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia refused extradition committal for James Ellingson, finding the certified record too sparse to support an inference linking him to Silk Road drug sales.

• Committal test
• Circumstantial evidence
• Identification
• Bitcoin tracing
• Silk road marketplace
• Trafficking

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R. v. Smith

Court

Supreme Court of British Columbia

The court found Shaun Jackson Smith guilty of cocaine trafficking and cannabis possession for sale, rejecting the defence claim of personal use as unreasonable on the evidence.

• Possession for purpose of trafficking
• Constructive possession
• Circumstantial inference
• Expert opinion on drug distribution
• Possession-for-purpose-of-trafficking
• Constructive-possession

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