Client was the driver of a vehicle that was under police surveillance. The police observed six transactions they thought were consistent with drug trafficking take place at the passenger side window of the vehicle. The police arrested the client and his passenger and discovered substantial quantities of cocaine, heroin, and methamphetamine in the passenger’s area of the vehicle. The Crown charged the client with possession for the purposes of trafficking all three substances on the theory that he had aided and abetted the trafficking by driving the vehicle. After negotiating with the Crown, Mr. van der Walle was able to convince the prosecutor to drop all the trafficking charges in exchange for the client pleading guilty to simple possession (personal use) of the heroin. Client was discharged on conditions meaning that if he completes his probation without any problems the possession conviction will be expunged from his criminal record. Not guilty of trafficking and client did not do a day in jail. No trial necessary.
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