Accused were members of biker gang providing protection to cocaine trafficking organization. Trial judge convicted accused of conspiracy to traffic in cocaine in association with criminal organization but acquitted accused of trafficking. Trial judge held no evidence accused’s activities aided or abetted actual trafficking activities. Crown’s appeal allowed and convictions for trafficking in cocaine entered. Further appeal to Supreme Court of Canada dismissed. Trial judge erred in law by failing to conclude on facts as found that accused liable for trafficking as aiders and abettors. Accused’s acts of providing protection assisted and encouraged actual trafficking activity.
R. v. Knapczyk (March 22, 2016, S.C.C., McLachlin C.J.C., Abella J., Moldaver J., Karakatsanis J., Gascon J., Côté J., and Brown J., 36612, 36613) Decision at 124 W.C.B. (2d) 487 was affirmed. 129 W.C.B. (2d) 254.