R. v. S.A.

S.A. was charged with Possession of Marijuana for the Purpose of Trafficking and simple Possession of Marijuana pursuant to sections 5(4) and 4(5) of the Controlled Drugs and Substances Act as well as Possession of Proceeds of Crime contrary to section 354(1)(a) of the Criminal Code of Canada. The allegations against S.A. were that he was observed littering while exiting the Malvern Town Centre. Police approached the accused who was entering his motor vehicle and the officers purported to have detected a strong odour of marijuana emanating from S.A. The accused was arrested and then searched by members of the Toronto Police Service. Approximately 9 grams of marijuana was found on S.A.’s person as well as a digital scale and a large quantity of cash. Mr. Pyzer represented S.A. and was successful in having all three charges against him withdrawn at the request of the Crown Attorney’s Office. Mr. Pyzer was able to achieve this result by conducting a thorough review of the disclosure materials and convincing the Assistant Crown Attorney that there were serious violations of the accused’s Charter rights to be free from arbitrary detention and illegal search and seizure. As a result of Mr. Pyzer’s efforts, S.A. was able to resolve his matter without any criminal record or finding of guilt. Five months after having the charges withdrawn, Mr. Pyzer was successful in having S.A.’s fingerprints and mughsots destroyed.