CONTROLLED DRUGS AND SUBSTANCES — Possession for the purpose of selling, trafficking, distributing or exporting

Law360 Canada (July 29, 2024, 2:43 PM EDT) -- Appeal by Donovan from his conviction for two counts of unlawful possession of a controlled substance for the purpose of trafficking. He argued that the evidence was inadmissible and was discovered during a search while he was improperly detained. Const. Viger pulled over a car driven by Donovan, who was not the registered owner. Const. Viger did a proactive query of the vehicle’s plates and learned it had been impounded a month earlier because the driver, who turned out to have been Donovan, was prohibited from driving. When Const. Viger learned that Donovan was still prohibited at the time of the second stop, he placed him under arrest for driving while prohibited. Const. Viger was about to conduct an inventory search of the car in preparation for impounding the vehicle. Instead, he asked Const. Teel to search the vehicle. Police discovered during the search controlled substance. Donovan was charged with two counts of unlawful possession of a controlled substance for the purpose of trafficking. Donovan challenged the admissibility of the evidence located in the vehicle. He argued the evidence should be excluded. The trial judge concluded all of the evidence was admissible and convicted Donovan on both counts....
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