← More Drug Trafficking, Conspiracy, Possession of Drugs, and Related Offences success stories

Charges of possession for the purpose of trafficking x 5, and one count of possession stayed at the preliminary inquiry in the Ontario Court of Justice. The client was arrested after the police conducted surveillance that they believed established that G.D. had been involved in a drug transaction and was in possession of cocaine. The police entered G.D.’s home just prior to the issuance of a search warrant under allegedly exigent circumstances, and when the warrant was issued began a search of the house and found 3.5 kg of cocaine, over 3.5 kg of meth, 3 kg of ecstasy, and various other substances sufficient to charge G.D. with six drug related offences and put him at risk of a jail sentence in excess of eight years if convicted. Defence lawyer Joseph Neuberger sent several detailed disclosure requests for all notes supporting all of the information set out in the Information to Obtain (the document used by the police to convince a justice to issue a warrant). After very careful and detailed analysis, Joseph Neuberger, was convinced that a significant portion of the information was inaccurate and as a result he drafted a very detailed application to cross-examine the Affiant on the Information to Obtain, in order to challenge the validity of the warrant and attempt to exclude all of the evidence on a breach of the client’s Charter right to be free from unreasonable search and seizure. Defence lawyer Joseph Neuberger was able to establish numerous deficiencies in the warrant including unsupported information, false information, and was able to raise a very strong attack on the alleged surveillance of G.D. As a result, the prosecution agreed that there were insurmountable problems with the validity of the warrant and all charges were consequently stayed.