Canada Case Law

United States of America v. Ellingson

Court

British Columbia Court of Appeal

The extradition judge erred in law by treating the ROC as a statement of evidence and drawing adverse inferences from its omissions, thereby conducting substantive weighing beyond the limited role permitted; the judge was also unreasonable in failing to accept reasonable inferences available from the ROC (possession of MIMM login credentials and Bitcoin tracing to exchange accounts opened in the respondent's name), and the discharge was set aside and committal ordered.

Source excerpt

• Committal test
• Record of the case (roc)
• Limited weighing
• Circumstantial evidence
• Bitcoin tracing
• Standard of review

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R. v. Sangha

Court

Supreme Court of British Columbia

The Court rejected the offender's near‑duress narrative as not credible based on contemporaneous texts, active logistical involvement, inconsistencies in testimony and omissions; balancing the significant gravity and deterrence needs of importing 108 kg of methamphetamine with mitigating collateral consequences and a limited prior record, a fit sentence of 5.5 years imprisonment was imposed, with ancillary statutory orders.

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• Importation of methamphetamine
• Near-duress/coercion at sentencing
• Gardiner hearing under s.724
• General deterrence
• Ancillary orders (dna, weapons prohibition, forfeiture)

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R. v. Vickers

Court

Supreme Court of British Columbia

On the totality of the Amended ITO — including two confidential informants whose prior reliability and corroboration were described, contemporaneous surveillance showing repeated short-duration visits consistent with trafficking, a neighbour's letter, a Crime Stoppers tip, prior police encounters placing the accused at the residence, and observations on September 17, 2020 of the accused entering with a key and individuals smoking a substance consistent with fentanyl — a issuing judicial justice of the peace could reasonably have found that reasonable and probable grounds existed to issue the…

Source excerpt

• Search warrant validity
• Confidential informant reliability
• Reasonable and probable grounds
• Facial challenge to warrant
• Corroboration and totality of circumstances

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R. v. Nguyen

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal from conviction for importing heroin, upholding the trial judge’s credibility findings and rejection of the defence.

• Importation of drugs
• Mens rea/knowledge
• Credibility findings
• Disclosure/miscarriage of justice
• New evidence on appeal
• Criminal-law

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R. v. Vickers

Court

Supreme Court of British Columbia

The court found Cpl. Long subjectively believed and objectively had reasonable and probable grounds to arrest the accused for trafficking based on multiple corroborating sources (confidential informants, Crime Stoppers tip, neighbour complaints), sustained surveillance showing short-duration visits consistent with drug trafficking, observed drug use from tinfoil/pipe, and evidence linking the accused to the residence (use of a key and change of clothes); the arrest was lawful. The brief delay in enabling contact with counsel (approximately 21 minutes from arrival at detachment to counsel cont…

Source excerpt

• Warrantless arrest
• Reasonable and probable grounds
• Right to counsel (implementational component)
• Surveillance evidence
• Confidential informant reliability
• Search incidental to arrest

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R. v. Hamilton

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Vivian Hamilton’s conviction appeal, rejected Charter and verdict challenges, and dismissed the sentence appeal after granting leave.

• Possession for the purpose of trafficking
• S.10(b) right to counsel
• S.24(2) exclusion of evidence
• Directed verdict
• Appellate review and standard of review
• Drug-trafficking

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R. v. Griggs

Court

Court of Appeal for Ontario

Ontario Court of Appeal set aside drug-trafficking convictions and ordered new trials after finding the trial judge erred on s. 8 standing, while upholding the verdict analysis.

• S.8 standing
• Reasonable expectation of privacy
• Search warrants
• Controlled drugs and substances act
• Possession for the purpose of trafficking
• Possession of proceeds of crime

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R. v. Heikel

Court

Supreme Court of British Columbia

On the balance of probabilities the combined video evidence, credible witness testimony and admitted narrative established that Heikel sold a substance to the male visitor; that trafficking constituted an aggravating factor and, given Heikel's repeated breaches, serious underlying offences and prior warnings, termination of the conditional sentence and commitment to custody until sentence expiration was the appropriate disposition under s.742.6(9).

Source excerpt

• Breach of conditional sentence
• Trafficking
• Standard of proof - balance of probabilities
• Aggravating factors
• Evidence and witness credibility

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R. v. Chaisson

Court

Nova Scotia Court of Appeal

The Court found no demonstrable error of law nor palpable and overriding error of fact in the trial judge's reasons upholding the warrants, and therefore dismissed the appeal and refused to exclude the seized evidence.

Source excerpt

• Search warrants
• Charter s.8 unreasonable search
• Charter s.24(2) exclusion of evidence
• Facial and sub-facial warrant validity
• Standard of appellate review
• Trial judge deference

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R. v. Adzich

Court

Supreme Court of Nova Scotia

A conditional discharge was appropriate because the accused is a first time offender of moderate moral blameworthiness whose prosecution, conviction and court process provide significant deterrence; defence counsel’s failure to access disclosed material did not amount to a Charter breach; text messages were admissible for the limited purpose of rebutting defence claims about safety and regulation of ceremonies; a DNA order was justified given the cross‑border, premeditated importation and the administration of justice interest; accordingly the accused received conditional discharges on both c…

Source excerpt

• Importation of dmt
• Possession for the purpose of trafficking
• Conditional discharge
• Disclosure obligations
• Admissibility of uncharged misconduct at sentencing
• Dna order

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