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The Court of Appeal held the night search warrant lacked sufficient grounds under s. 488, but it refused to exclude the evidence under s. 24(2) and dismissed the appeal.
The appeal is dismissed because the evidence of the third party was direct eyewitness evidence and not hearsay subject to Carter, the trial judge’s circumstantial inferences were reasonable and open on the evidence, the finding of possession (knowledge, control and consent) was supportable on the totality of the facts, and there was no reversal of the Crown’s burden of proof.
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The court denied a Charter s. 24(2) application, holding the search warrant was supported by reasonable grounds and was not a pretext for a drug search.
Sentencing reasons in a Nanaimo drug-trafficking case: Creighton received custody and probation; Belcourt received a suspended sentence and probation.
The Court held the trial judge's instructions and handling of credibility issues were adequate in the circumstances: no mandatory instruction on voice‑identification frailties was required given witness familiarity and defence approach; the Vetrovec direction regarding the unsavoury Crown witness and guidance on prior inconsistent statements was satisfactory; no special Vetrovec-type caution regarding Deane was required because the judge had discretion and the jury was properly informed of Deane's motive to lie; the overall charge adequately protected the right to silence despite counsel's re…
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The Court dismissed the appeal because the trial judge could reasonably infer from the circumstantial evidence that the appellant had possession and the requisite knowledge and control for trafficking, and the single judicial interjection did not give rise to a reasonable apprehension of bias.
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The court found the accused knew cocaine was hidden in his trailer, relying on circumstantial evidence from the search, pallet disturbance, and the strap and chain evidence.
The court upheld a warrantless arrest and incidental search after officers smelled fresh marihuana, admitted the seized crystal meth, and convicted Russell of trafficking-related possession.
Judge Beveridge held Crown's application failed because there was no clear defence admission or agreement narrowing the inquiry to the Canada Post search such that the Crown could avoid adducing evidence on essential elements; there was no evidence or admission on possession or identity (knowledge, consent, control), so the preliminary inquiry judge did not commit jurisdictional error in discharging the accused and the applications for certiorari and mandamus were dismissed.
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Majority held the trial judge correctly applied the Collins s.24(2) balancing test and did not err in admitting the cocaine: despite serious ss.8 and 9 breaches by a single officer, the breaches were not of such type or effect as to bring the administration of justice into greater disrepute than excluding 77 pounds of cocaine which was central and reliable evidence; possession and reasonable doubt findings were reasonable and entitled to deference.
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