Diligent Defence Applications Assisted Crown to Use Discretion and Stay Drug Charges

After the execution of a search warrant on Ms. D’s apartment, the police located 227.65 grams of powder cocaine in a single Ziploc bag.  Ms. D was facing significant jail time (i.e. over 2 years).  The defence was that Ms. D had no idea that the cocaine was in her home, but moreover that there were significant issues with the search warrant.  Entering someone’s home is a momentous intrusion into a person’s privacy.  The search warrant contained information from two (2) confidential informants.  When relying on this type of information, it is required that it be compelling, credible and corroborated.  Further, the person writing the information to obtain a search warrant has a duty to be full, fair and frank and has to swear that the contents are true. 

Ms. Bristow filed numerous applications with the court in preparation for Ms. D’s trial.  One of the applications was an alternative suspect application, as there were other people who had access to her apartment.  Another application was pursuant to the Charter of Rights and Freedoms, arguing that the Ms. D’s right to be free from unreasonable search and seizure was violated.  Leading up to the trial, Ms. Bristow also prepared Ms. D to testify in the event the Charter application was unsuccessful.  However, it never got to the point where Ms. D testified because the Crown was convinced by the applications that Ms. Bristow filed and decided to stay the charges. 

Ms. D, who had no criminal record, was a single mother and had a good career as a personal support worker was thankful that this nightmare was finally over and she could move on with her life.  

 

Lisa Bristow can be contacted at (416) 598-5741 or Bristow@criminaltriallawyers.ca