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Sentencing for fentanyl and cocaine trafficking, with a Charter challenge to the seizure already rejected. The court imposed 19 months imprisonment, credit for five months served, probation, and ancillary orders.
On the balance of probabilities the Court found the OALM ran a scheme issuing false or inflated charitable receipts and that the appellant participated in that scheme each year 1989â1995; the audit and seized documents were lawfully obtained and not excluded under the Charter because the OALM (not the appellant) was the subject of the searches and the Agency's conduct was consistent with a compliance audit that later triggered an investigation; accordingly the reassessments and penalties were confirmed and the appeals dismissed.
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On a s. 8 voir dire, the court held police had reasonable grounds to arrest before searching the accused and vehicle, so the seized drugs and related items were admissible.
The court upheld a telewarrant search of Chester Benjamin Cardinalâs residence, finding no breach of s. 8 and admitting the seized evidence after a voir dire.
Quash secondâcount conviction because only one conspiracy was proved; other grounds of appeal fail because evidence about witness payments and relocation was admissible to ground a Vetrovec caution and was not led solely to bolster credibility, disclosure deficiencies were not shown to have impaired defence given defence diligence and crossâexamination, adjournment denial was a proper exercise of discretion given accused's conduct and delay tactics, trial judge adequately assisted and instructed, and the brief reference to a substance found in the vehicle was not prejudicial in context of oveâŚ
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