CRIMINAL CODE OFFENCES - Possession and trafficking - Possession of property obtained by crime under $5,000

Law360 Canada ( July 24, 2025, 10:41 AM EDT) -- Appeal by Miller from his conviction for unlawful possession of methamphetamine (meth) for the purpose of trafficking and unlawful possession of property obtained by crime not exceeding $5,000. A tip from a confidential informant (CI) to a constable of the Winnipeg Police Service Guns and Gangs Unit indicated that Miller, affiliated with the Bloods street gang, was actively trafficking meth in Winnipeg. The CI provided specific details about Miller’s location and the taxi he would be in. The police acted on this information, arrested Miller, and found meth, cash and cellphones in his possession. The trial judge found that the CI information was corroborated by the arresting officers’ observations, and that the grounds for arrest were objectively reasonable. The judge concluded that the search incident to arrest was reasonable and did not breach Miller’s Charter rights. Regarding the trafficking conviction, the trial judge relied on expert testimony from Constable Walstra, who opined that the quantity of meth was indicative of possession for trafficking rather than personal use. The judge found the accused’s alternative explanations speculative and unsupported by evidence. Miller argued that the trial judge erred in finding the CI information adequately corroborated, as the police took no steps to verify it before arresting him. He contended that without adequate corroboration, the grounds for arrest were not objectively reasonable. The Crown argued that the CI information was compelling, credible and corroborated by the circumstances, and that the grounds for arrest were objectively reasonable when viewed in totality....
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