| SUPREME COURT OF CANADA |
| Citation: R. v. Kernaz, 2019 SCC 48, [2019] 3 S.C.R. 640 |
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Appeal Heard: October 18, 2019 Judgment Rendered: October 18, 2019 Docket: 38642 |
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Between:
Nicholas Gregory Kernaz Appellant
and
Her Majesty The Queen Respondent
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Coram: Abella, Moldaver, Rowe, Martin and Kasirer JJ.
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| Reasons for Judgment: (para. 1) |
Abella J. (Moldaver, Rowe, Martin and Kasirer JJ. concurring)
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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.