Case # 35411
Andy Koczab v. Her Majesty the Queen (January 22, 2014)
At issue is whether the court of appeal erred in reversing the acquittal at trial. The appellant was acquitted of one count of trafficking cocaine and one count of possession for the purpose of trafficking cocaine. Drugs were discovered in a hidden compartment in the appellant’s vehicle after he was pulled over for speeding. While in detention the police officer asked appellant several questions which were answered. These questions were asked before the appellant had been advised of the reasons for his detention or his right to counsel. As a result of this the trial judge found that the appellant’s section 10 Charter rights had been violated. Following a section 24(2) Charter analysis, the evidence was excluded and the appellant was acquitted. A majority of the Court of Appeal allowed the Crown’s appeal and ordered a new trial. A new trial was ordered on the basis that the trial judge failed to apply the proper tests to his analysis.