APPEALS - Grounds - Powers of appellate court

Law360 Canada ( May 6, 2026, 9:17 AM EDT) -- Appeal by appellants (Griggs and Bennett) from their convictions for possession of drugs for the purpose of trafficking and possession of proceeds of crime. The charges arose from Controlled Drugs and Substances Act (CDSA) search warrants executed at two addresses, White Oak Avenue (White Oak) and Wilkerson Street (Wilkerson), where large quantities of fentanyl, crystal methamphetamine, cocaine, cash and drug paraphernalia were seized. The appellants were arrested at White Oak, where Bennett was found in the small bedroom and Griggs was seen exiting the principal bedroom. Both sought to exclude the seized evidence, but the trial judge held that neither had standing to challenge the searches. At trial, the seized evidence was admitted, and each appellant was convicted only in relation to the drugs and cash found in their respective rooms at White Oak. The issues on appeal were whether the trial judge erred in denying standing and whether the guilty verdicts were unreasonable. The appellants argued that they were entitled to rely on the Crown’s theory, which alleged that both houses were used by them as stash houses in a joint drug trafficking operation, thereby establishing a reasonable expectation of privacy. They submitted that the trial judge misapplied the Edwards factors and wrongly faulted them for not providing additional evidence. On the merits, they argued that alternative inferences were available, including that Brennan possessed the drugs found in the small bedroom and that other occupants could have placed the drugs or safe in the principal bedroom. The Crown responded that the evidentiary record on standing was weak and that the trial judge properly applied the totality of circumstances test....
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