R. v. S.A.

The accused, S.A. was charged with possession of marijuana for the purpose of trafficking as well as a simple possession of marijuana. S.A. was observed by members the Toronto Police Service to be littering while exiting a shopping mall. The accused was then observed entering into a motor vehicle in a shopping mall parking lot. The officers approached the vehicle and asked the accused to exit the vehicle and pick up his litter. As the accused exited, the officers claimed they could smell freshly burnt marijuana emanating from S.A’s vehicle. The accused was placed under arrest for the possession of marijuana and searched, incident to his arrest. The police reported to have found a quantity of marijuana in a clear plastic baggy in S.A.’s pocket. Officers reported to have discovered two empty clear bags in the same pocket along with $390.00 in cash. Jonathan Pyzer represented S.A. and was successful in having all the charges against the him withdrawn at the request of the public prosecution service of Canada. Mr. Pyzer was able to obtain a withdrawal of the charges by convincing the Crown’s office that his client’s rights pursuant to section 8, 9 and 10b of the Charter of Rights and Freedoms had been violated and that the evidence would likely be excluded at trial as a result of these breaches. With the charges withdrawn, S.A. was able to avoid a criminal record.