R. v. Forbes (J.D.), (2015) 469 Sask.R. 104 (QB)

• Judge: Megaw, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 17, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 469 Sask.R. 104 (QB);2015 SKQB 112

R. v. Forbes (J.D.) (2015), 469 Sask.R. 104 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MY.014

Her Majesty the Queen v. Jessica D. Forbes

(2014 QBNJ No. 43; 2015 SKQB 112)

Indexed As: R. v. Forbes (J.D.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Megaw, J.

April 17, 2015.

Summary:

The accused was charged with possession of cocaine for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act. She was formally charged in March 2012 and the trial was set for March 2015. The accused applied for a stay of proceedings on the basis that her s. 11(b) Charter right to be tried within a reasonable time had been breached.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2015), 469 Sask.R. 90, dismissed the application.

The Saskatchewan Court of Queen's Bench found the accused not guilty.

Criminal Law - Topic 5553

Evidence and witnesses - Proof of particular matters - Possession - [See Narcotic Control - Topic 583 ].

Narcotic Control - Topic 577

Offences - Possession - General - Constructive possession - [See Narcotic Control - Topic 583 ].

Narcotic Control - Topic 583

Offences - Possession - General - Inference of possession - Police were investigating Smajevic - They executed a search warrant at a condo where he was known to reside - The condo was rented by his girlfriend (Forbes) - 451 grams of cocaine was found in a homemade press device in a kitchen cupboard above the fridge - The search also disclosed marijuana and smoking devices in a second cupboard, the possible presence of cocaine on a CD case on a table, and a sifter containing white powder - Forbes was charged with possession of cocaine for the purpose of trafficking - She admitted that the marijuana belonged to her, but denied knowledge of the cocaine and related items - Forbes was found with Smajevic when she was served with a certificate of analysis of the cocaine two months after the search - She testified that she was with him to obtain an explanation for the cocaine found in the condo - The Saskatchewan Court of Queen's Bench acquitted Forbes - Aside from the fact that the cocaine was in her apartment, there was nothing to connect Forbes to the drug trade - The cupboard above the fridge did not appear to be in daily use based on its contents, and Forbes would have required a chair to access it - Although the court did not believe Forbes' explanation for why she was found with Smajevic two months after the search, the inquiry had to focus on what inferences could be drawn as to her knowledge at the time the cocaine was found - There was no basis for making an inference of possession in these circumstances.

Narcotic Control - Topic 604

Offences - Possession - Evidence - Proof of possession - [See Narcotic Control - Topic 583 ].

Cases Noticed:

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 25].

R. v. Pham (K.T.) (2005), 204 O.A.C. 299; 203 C.C.C.(3d) 326, affd. [2006] 1 S.C.R. 490; 349 N.R. 387; 213 O.A.C. 399; 2006 SCC 26, refd to. [para. 26].

R. v. Jones (K.) et al., [2009] O.T.C. Uned. S37; 2009 CanLII 64182 (Sup. Ct.), refd to. [para. 26].

R. v. Dunn (S.J.) (2014), 359 Nfld. & P.E.I.R. 270; 1117 A.P.R. 270; 2014 NLTD(G) 151, refd to. [para. 26].

R. v. Sparling, 1988 CarswellOnt 1624 (H.C.), refd to. [para. 31].

R. v. Chambers (1985), 9 O.A.C. 228; 20 C.C.C.(3d) 440 (C.A.), refd to. [para. 32].

R. v. Ramos (M.G.) (2015), 469 Sask.R. 112; 2015 SKQB 57, refd to. [para. 37].

Counsel:

Alan G. McIntyre, Q.C., for the Crown;

Ian D. McKay, Q.C., for the accused.

This matter was heard before Megaw, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on April 17, 2015.