Criminal Law – Controlled Drugs and Substances Act – Possession for the Purpose of Trafficking
Criminal Law – Conspiracy
The accused was charged, along with one or more co-accused, as a result of a police investigation of drug trafficking in Saskatoon. The charges were that the accused conspired with two others to commit the indictable offence of trafficking cocaine and of trafficking marijuana, contrary to s. 465(1)(c) of the Criminal Code and possession of cocaine and marijuana for the purposes of trafficking. The Crown submitted evidence of numerous text messages and meetings between the accused and the two co-accused that showed a clear agreement that they were selling drugs and that the accused was in either joint or constructive possession of the drugs that were found in the residence of one of the co-accused. The search of the residence revealed 16,500 grams of marijuana and 1,050 grams of cocaine clearly packaged for further distribution as well as a large drum containing a cutting agent and a large hydraulic press and weights. Although the drugs and press were not in plain view, they were easily accessible. The accused had a key to the residence and the surveillance videos showed that he had entered the house numerous times. He testified that he had access to the house so that he could let out the co-accused’s dog. In his testimony, the accused acknowledged that he was a drug user and purchased drugs from one of the co-accused, but said that he had not known of any drugs being stored at the residence.
HELD: The accused was found guilty of all charges. The court did not accept the accused’s evidence and it was not left with any doubt about his guilt beyond a reasonable doubt regarding his participation in a conspiracy to traffic drugs and that he was in possession of the drugs located in the residence of his co-accused.