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Leave to appeal sentence was granted, but the British Columbia Court of Appeal dismissed the appeal and upheld a 15-year global sentence for drug conspiracy and firearms offences.
The court admitted portions of message string 81 under the documents in possession rule, finding evidence of adoption and circumstantial relevance to the alleged Duhre conspiracy.
The convictions for importing heroin and conspiracy to import were reasonable because the circumstantial evidence allowed an inference that the appellant agreed to be the trusted recipient before shipment; the sentence was reduced from 11 to 9 years because fresh evidence of a debilitating stroke materially changed the sentencing calculus, reducing the need for specific deterrence and incapacitation and making a reduced sentence in the interests of justice.
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Judge found beyond reasonable doubt that Chevrefils had constructive/joint possession and intent to traffic because he had knowledge of the cocaine, a right to possess/control it, consented to it remaining on the vessel, purchased bags, rented the vehicle used to transport the captain, and transferred money; however the Crown failed to prove beyond reasonable doubt that Chevrefils participated in bringing the cocaine into Canada or agreed to the importation prior to the goods entering Canadian waters/docking, so he was convicted on possession for purpose of trafficking (count 1) and acquitted…
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The British Columbia Court of Appeal dismissed Widdifield’s appeal from an extortion conviction, upholding the trial judge’s use of the Carter co-conspirator hearsay framework.
The Supreme Court of British Columbia ordered Loewen committed for extradition to the United States, finding enough admissible evidence under Ferras to support the drug-conspiracy charges.
The Supreme Court of Canada held that attempted conspiracy to commit a substantive offence is not an offence in Canadian law and allowed the appeal.
Court allowed Crown appeal and ordered a new trial because the trial judge erred in excluding Niemi’s wiretapped statements (they were admissions), misapplied the Carter co-conspirator hearsay framework by excluding relevant evidence of Niemi’s membership in the broader conspiracy and relied on irrelevant factors in assessing membership, and reached findings on wilful blindness that were logically incompatible with his findings on duress, thereby tainting the verdict and requiring retrial.
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On the whole record the judge found the various indictments and evidence described a single continuing overall conspiracy (Operation Midway) that encompassed the May 27-31,2002 activity and the June 17-20,2002 activity; applying the Van Rassel test the earlier jury conviction for the June period implicitly included the May-period conspiracy so the plea of autrefois convict succeeded and the subsequent conspiracy charge was barred.
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The Federal Court granted leave to amend a statement of claim to add a conspiracy allegation and allowed an extension of time to file the reply.
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