Appeal from conviction for possession of cocaine for the purposes of trafficking. Officer observed what he thought was a drug transaction. He radioed to ask whether other police members had information about the registered owners of the vehicles involved. A superior replied that Mr. Ha was a known drug dealer. On this basis, the constable arrested the appellant. Issue of whether officer’s grounds for arrest were objectively justified so as to meet the test for “reasonable and probable grounds”.
Held: No ss 8 or 9 violations; appeal dismissed.
Bui, 2018 ABCA 62, and Quilop, 2017 ABCA 70 may be “over-read”: “the presence of other possible, plausible, innocent explanations for police-observed behaviour does not legally or automatically negate credibly-based probability, that is, reasonable and probable grounds.” Officer’s grounds were sufficient for arrest. Slatter JA concurred in result.
J. Sawani – Defence Counsel