R. v. Kernaz, 2019 SCC 48, [2019] 3 SCR 640

R. v. Kernaz, 2019 SCC 48, [2019] 3 S.C.R. 640

Nicholas Gregory Kernaz                                                                              Appellant

v.

Her Majesty The Queen                                                                             Respondent

Indexed as: R. v. Kernaz

2019 SCC 48

File No.: 38642.

2019: October 18.

Present: Abella, Moldaver, Rowe, Martin and Kasirer JJ.

on appeal from the court of appeal for saskatchewan

                    Criminal law — Controlled drugs and substances — Possession of controlled substances for purpose of trafficking — Accused charged with possession of methamphetamine and cocaine for purpose of trafficking — Trial judge acquitting accused on trafficking charges but convicting accused of lesser included offence of simple possession — Court of Appeal finding trial judge applied wrong legal test as to possession for purpose of trafficking and entering conviction on trafficking charges — Conviction upheld.

                    APPEAL from a judgment of the Saskatchewan Court of Appeal (Caldwell, Schwann and Barrington-Foote JJ.A.), 2019 SKCA 37, 377 C.C.C. (3d) 150, 439 D.L.R. (4th) 92, [2019] 7 W.W.R. 101, [2019] S.J. No. 153 (QL), 2019 CarswellSask 199 (WL Can.), setting aside the accused’s acquittal for possession of methamphetamine and cocaine for the purpose of trafficking and entering a conviction. Appeal dismissed.

                    Thomas Hynes, for the appellant.

                    Wade McBride, Q.C., and Kevin Wilson, for the respondent.

                    The judgment of the Court was delivered orally by

[1]                              Abella J. — The appeal is dismissed substantially for the reasons of the Court of Appeal.

                    Judgment accordingly.

                    Solicitors for the appellant: Gerrand Rath Johnson, Regina.

                    Solicitor for the respondent: Public Prosecution Service of Canada, Toronto.