Accused was convicted of possession of cocaine for purpose of trafficking, possession of marijuana for purpose of trafficking, and two counts of possession of proceeds of crime. Accused’s arrest was part of police investigation undertaken as result of information received from confidential informants that P, whose employee W lived in condominium building, was high-level drug dealer. Police entered building three times without search warrant. Information obtained during three entries was excluded under Canadian Charter of Rights and Freedoms. When P exited building on third occasion, he had blue and white box which surveillance team observed accused take from P’s vehicle. Accused unsuccessfully applied to exclude evidence of marihuana and cocaine found in box. Accused appealed convictions. Appeal dismissed. Police did not lack reasonable and probable grounds for accused’s arrest independent of evidence illegally obtained in building. Trial judge properly concluded that, even after excluding information gathered during warrantless entries into building, combined information from informants, totality of investigation, collective observations by police of accused’s vehicle and location, and interaction between accused and P, satisfied both subjective and objective components of test for reasonable and probable grounds for arrest.
R. v. Labelle (Feb. 8, 2016, Ont. C.A., David Watt J.A., P. Lauwers J.A., and C.W. Hourigan J.A., CA C58138) 128 W.C.B. (2d) 136.