R. v. Araujo et al. Date:, 2003 BCPC 118

Citation: R. v. Araujo et al. Date: 20030325 2003 BCPC 0118 File No: 82878C2Z Registry: Victoria IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. Angela Araujo, Victor Camara, Neil Grandmaison, Mikel Oulton and Robert Jenkins REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE A. EHRCKE Counsel for the Crown: D. Mulroney; B. Jones Counsel for the Accused Araujo: A. Brooks Counsel for the Accused Camara: M. Munro Counsel for the Accused Grandmaison: R. Baird; J. Green Counsel for the Accused Oulton: C. Purves Counsel for the Accused Jenkins: S. Simons Place of Hearing: Victoria, B.C.

Dates of Hearing: October 1-4, 10-12, 15-18, 22-25, 30, 31; November 1, 2001; January 14-17, 21-24, 28-31; February 4-7; September 24- 26, 30; October 1-3, 7-10; November 5-8, 12, 13, 2002; January 16, 17, 20-22, 24; February 3, 4, 2003 Date of Judgment: March 25, 2003 [ 1 ] In count 1, Angela Araujo, Victor Camara, Neil Grandmaison, Mikel Oulton, Jolene Irons and Robert Jenkins are charged that between January 10 and October 25, 1995, they conspired together to traffic in cocaine in Victoria and elsewhere in British Columbia. Charges were stayed against two other persons originally named.

Jolene Irons is to be tried separately. [ 2 ] In count 2, the same six accused are charged with trafficking in cocaine between June 5 and October 25, 1995. Jolene Irons will be tried separately. [ 3 ] In count 6, Neil Grandmaison is charged with possessing property, money and jewelry, knowing it was obtained by the commission of an offence under s. 4 of the Narcotic Control Act, contrary to s. 19.1(2) of that act. [ 4 ] In count 7, Neil Grandmaison is charged that on October 25, 1995, he possessed a restricted weapon, a .25 calibre handgun, for which he did not have a registration certificate.

In count 8 he is charged with storing a firearm in a careless manner. [ 5 ] In count 9, Victor Camara is charged with possession of cocaine for the purpose of trafficking on October 25, 1995. [ 6 ] In count 10, Angela Araujo and Mikel Oulton are charged that on October 25, 1995 they possessed a prohibited weapon, a knife that opens automatically by gravity or centrifugal force. [ 7 ] In count 11, Angela Araujo and Mikel Oulton are charged that on October 25, 1995 they possessed a prohibited weapon, a knife that opens automatically by a device in or attached to the handle. [ 8 ] Count 13 applies to Jolene Irons. [ 9 ] In count 14, Robert Jenkins is charged that on October 25, 1995, he possessed a restricted weapon, a 9 mm semi-automatic Berretta handgun, for which he did not have a registration certificate.

In count 15 he is charged that he possessed another restricted weapon, a .38 calibre Browning semi-automatic handgun, and in count 16 with possession of a prohibited weapon, a .22 calibre Intratec Model Tec 22 semi-automatic pistol. [ 10 ] On February 4, 2002, the Crown gave particulars of count 1 (transcript, pp. 32-33) by adopting two paragraphs of the information to obtain search warrants. These allege that "Camara, Grandmaison, Oulton, and Araujo are engaged together in the illegal trafficking of cocaine ...

Camara supplies Grandmaison cocaine at the kilogram level, who then supplies Oulton, Araujo and others with multi-ounces of cocaine ...

Camara is being supplied his cocaine from Robert Jenkins, and further, Jenkins is utilizing both Spencer Leslie and Jolene Irons to courier cash and/or cocaine between him and Camara." [ 11 ] Thus, the Crown alleges a chain of supply from Jenkins to Camara, Camara to Grandmaison, and Grandmaison to Oulton and Araujo and others. [ 12 ] Although he is included in the particulars, there was no evidence concerning Spencer Leslie at trial, and charges against him were stayed. [ 13 ] The main issues raised in this case are sufficiency of evidence; whether the evidence is consistent with trafficking in steroids

(rather than cocaine as charged); and whether all of the accused were part of the same conspiracy. Legal Considerations Conspiracy Charge [ 14 ] This offence is described by Mr. Justice Dickson in R v Cotroni (1979) 1979 CanLII 38 (SCC) , 45 CCC (2d) 1 : "...To conspire is to agree. The essence of criminal conspiracy is proof of agreement. On a charge of conspiracy the agreement itself is the gist of the offence: Paradis v. The King (1933) 1933 CanLII 75 (SCC) , 61 CCC 184 ... The agreement reached by co-conspirators may contemplate a number of acts or offences. Any number of persons may be privy to it.

Additional persons may join the ongoing scheme while others may drop out. So long as there is a continuing overall, dominant plan there may be changes in methods of operation, personnel, or victims, without bringing the conspiracy to an end. The important inquiry is not as to acts done in pursuance of the agreement, but whether there was, in fact, a common agreement to which the acts are referable and to which all of the alleged offenders were privy. In R. v. Mayrick and Ribuffi (1929), 21 Cr. App.

R. 94 at p. 102 (C.C.A.) , the question asked was whether "the acts of the accused were done in pursuance of a criminal purpose held in common between them", and in 11 Hals., 4 th ed., at p. 44 it is said: It is not enough that two or more persons pursued the same unlawful object at the same time or in the same place; it is necessary to show a meeting of minds, a consensus to effect an unlawful purpose. There must be evidence beyond reasonable doubt that the alleged conspirators acted in concert in pursuit of a common goal." (pp. 17-18) [ 15 ] Regina v.

Carter (1982) 1982 CanLII 35 (SCC) , 67 C.C.C. 568 (S.C.C.) establishes that, where the trier of fact is satisfied that the evidence establishes the conspiracy charged beyond a reasonable doubt, and, on a balance of probabilities, the evidence directly receivable against an accused establishes that the accused was a member of the conspiracy, the acts and declarations of co-conspirators in furtherance of the conspiracy may be considered as evidence against that accused. [ 16 ] The same evidentiary rule applies to joint enterprises: Koufis v.

The King (1941) 1941 CanLII 55 (SCC) , 76 C.C.C. 161 (S.C.C.) . [ 17 ] In considering whether an accused is a member of a conspiracy, the trier of fact may consider evidence admissible against that accused in the context of the "picture provided by the acts of the alleged co-conspirators": Regina v. Filiault and Kane (1981) 1981 CanLII 3165 (ON CA) , 63 C.C.C. (2d) 321 (Ont. C.A.) at p. 326 . [ 18 ] I will summarize the authorities relating to multiple conspiracies later in these reasons.

Facts [ 19 ] The evidence includes wiretapped conversations and messages of the accused and others, surveillance observations, expert evidence, and evidence from searches. [ 20 ] The recording of telephone conversations and messages started in June, 1995. The conversations are often guarded. Many of them involve arranging meetings on short notice. There are multiple pager messages in a form of code. I am satisfied from the evidence, including expert evidence respecting the trading of cocaine and prices at the time, that the codes referred to order amounts and prices for cocaine.

I am also satisfied that the persons identified as the speakers were the speakers. This is based on the voice identification evidence, statements respecting identity in the conversations themselves, and surveillance evidence corresponding to some of the calls. [ 21 ] I will outline the evidence chronologically. I have included (in very

summary form) most of the wiretap evidence, but not all of the surveillance evidence. The conversations, and frequency and nature of the contacts paint their own picture. I have included a few comments on the evidence as time progresses. June, 1995 [ 22 ] June 6: Camera arranges to meet Grandmaison. [ 23 ] June 9: Camara tells Grandmaison he's been trying to get in touch. He speaks in code, saying "I got on a plane took off", "I'm out over here", "You know where right ...a lot farther than you think though." They arrange for Grandmaison to meet Camera's cousin "where the flowers are". They speak again.

The meeting is set for the next day. The cousin drives an RX-7. Camera says "on the paper thing just hold onto it ... until I see ya". Grandmaison says "I'll put it under a lock or whatever". Camera says he'll make sure everything's organized. He is in Toronto. Later, Araujo calls Grandmaison. Richard Weber (not charged) calls Grandmaison. Grandmaison says he can't see him until tomorrow. Oulton calls an unknown male and tells him he doesn't deal with that little. He refers to Aaron. The unknown male says they waited on a bench and Aaron didn't show.

He says he'll make some more money until he has enough for "one". Grandmaison and Oulton arrange to meet while Grandmaison is on his way somewhere else.

[ 24 ] June 10: Jenkins is overheard on a call to Grandmaison's cell phone, saying "Di' we leave Ontario Province yet. He doesn't have a message on his phone? Maybe page his mother fuckin' (indecipherable) man." Camara calls Grandmaison, whom he's been trying to reach for hours. Camara says "ya gotta have the contracts uh uh for the condo? ... have you got that all together?". Grandmaison replies yes and Camara says to go and see him then. Grandmaison will meet Camara's cousin in 30 minutes. Police see Grandmaison meeting up with the RX-7.

Grandmaison's messages indicate that various people are annoyed at him for not meeting or calling. Juan Berreda calls Araujo. He says Cirilo has twenty-two. She says "I can't right now 'cause I just already did something ... I'm just waiting for him to come into town". They discuss how Cirilo is "too high", clearly a reference to prices. Someone named Tony and another male speak to Araujo about Oulton getting caught in the United States, near the border. [ 25 ] June 12: Two males named Tony call Araujo. Oulton has been caught with a sum of money, and Araujo is trying to concoct a story to account for it.

Araujo calls Grandmaison to tell him about Oulton's arrest in the U.S.. She may need help. Grandmaison is coming over. Police see him leaving and entering his vehicle near 1007 Caledonia Avenue, Araujo and Oulton's residence. [ 26 ] June 13: Camara arranges to meet Grandmaison. He is seen arriving at and leaving Grandmaison's residence. Cirilo Lopez calls Araujo. Araujo had just been introduced to two men in Vancouver. They knew about Grandmaison and Lopez, and Lopez's child. Lopez is fearful of them. One is caucasian and one is dark of indeterminate race.

Lopez says "you've just met Victor's dealer", and that Victor is backstabbing him. It is clear Araujo knows who Victor is. Lopez says Victor is dealing with Neil. Araujo is surprised. She says Neil is being supplied by someone up island, but that Neil doesn't tell her everything he does. [ 27 ] June 17: Araujo and Grandmaison meet in Grandmaison's vehicle for 9 minutes. Camara calls Grandmaison, whom he's been paging. They meet at Grandmaison's residence. Camara leaves with a package. [ 28 ] June 21: Grandmaison and Araujo meet at her home. Camara calls Grandmaison - he needs to meet.

Grandmaison says he's waiting for a payout from his mortgage. They arrange to meet to "square up". They meet in a parking lot. [ 29 ] June 22: Camara and Grandmaison meet. [ 30 ] June 25 Weber and Grandmaison arrange to meet. Later, Weber calls Grandmaison, wondering if he's being watched. He describes the vehicle. Grandmaison calls Araujo and arranges to "swing by". Araujo has someone waiting. Grandmaison calls again when he is downstairs. [ 31 ] June 28: Camara calls Grandmaison. They are going to meet. Grandmaison says "So we gonna be, uh we do that today?" Camara says probably. Camara calls Grandmaison.

They are to meet at Baskin Robbins. Grandmaison calls Araujo, who says "do you need me to go back home?" He says he'll pop over in 20 minutes. In 40 minutes there is another call. Araujo isn't home yet. They decide to meet somewhere else to talk. [ 32 ] June 29: Camara calls Grandmaison, and says he's taking care of things and will call or see Grandmaison that night. [ 33 ] June 30: At 15:03 Camara is seen entering Grandmaison's building and leaving 24 minutes later carrying tube shaped bundles. July 1995 [ 34 ] July 1: Grandmaison speaks by telephone to Oulton and Araujo, while the latter are on the ferry.

They arrange to meet in 15 minutes. Camara

calls Grandmaison about an hour later, saying "did you get things worked out for me?". Grandmaison answers yes, and they arrange to meet. [ 35 ] July 4: Richard Weber calls Grandmaison. There is a discussion about Grandmaison getting "four radial TA's" for Weber, who will be in Victoria Monday. Camara calls Grandmaison after a page from Grandmaison. There is a pattern of this occurring. Camara says "I'm still here I haven't bothered ah goin' up yet things haven't been looking too good so I haven't bothered yet." They arrange to meet.

A page is left for Grandmaison: 20 1050 8816167 8060. 881-6167 is the number of the cell phone used by Oulton and Araujo. (This page and others like it in evidence are orders for cocaine - 20 ounces at $1050 per ounce in this case. As noted, the prices accord with the expert evidence of cocaine prices at the time. In the context of the evidence, there is no other explanation for numerous pages of this type.) Grandmaison calls the Oulton/Araujo cell number, gets Oulton, and asks for Araujo. The conversation includes: Araujo: Hey how's it goin'? Grandmaison: Good I was gonna ask you the same thing.

Araujo: Oh were you? Grandmaison: Yeah. Araujo: No I was asking you. Grandmaison: Ah. Okay well I'll see what I can do um, maybe tomorrow. (I infer from this, in the context of the other evidence, that Grandmaison may be able to supply Araujo with cocaine the next day.) [ 36 ] July 6: There is a page from the Oulton/Araujo residence phone to Grandmaison's pager which includes 20 21000 (an order for 20 ounces at $21,000). A pager message to Grandmaison asks for the return of "my gym stuff". Grandmaison pages Robert McMillan saying he can't access the gym bag for another day and a half.

It's locked away and he doesn't have the key. [ 37 ] July 8: Camara and Grandmaison arrange to meet in 5 minutes. Camara says "I gotta' go deliver that equipment." [ 38 ] July 10: Camara calls Grandmaison to ask "is everything together?". Grandmaison tells him to call back in an hour. Weber calls Grandmaison - they are to meet. Camara calls Grandmaison, asking "are ya' in town yet?". Grandmaison replies "I'll be home in about ten minutes". Oulton speaks to Debbie Anderson. He wants to go for coffee but she wants to do it tomorrow. He gets her pager number and says he'll page.

Then there is a page from the phone at Caledonia Avenue (the Oulton/Araujo residence) to Debbie Anderson's number: 1 1450 8060 (the last four digits of the Oulton/ Araujo pager). Oulton calls Anderson, confirms he got the second page, and they arrange to meet the next day. It sounds like she wants to change her order to four ounces, but this is said in a broken way. Very quickly, however, Oulton pages her: 4 5600 8060. [ 39 ] July 14: After receiving a page, Camara calls Grandmaison.

Camara says he has to "go out for lunch with Bo", and then he'll give Grandmaison a shout. [ 40 ] July 15: After a page, Camara and Grandmaison arrange to meet. Several hours later Grandmaison calls Araujo, saying he'll be there in a few minutes. His vehicle is seen in the Caledonia parking area, he is buzzed in, and leaves after about a half hour. [ 41 ] July 17: At 22:12 Araujo arrives at Grandmaison's building. A male passenger ends up with a package.

[ 42 ] July 18: After a page, Camara calls Grandmaison close to midnight. Camara says "things didn't look right so I had to uh fix things up, if you know what I mean", and that he'll see Grandmaison in the morning. [ 43 ] July 19: Telephone bills seized from 2014 Highview Place for number 604 488-4630, subscriber Robert Jenkins, cover the period from July 19 to September 17. This cell phone was found in the vehicle in which Jenkins was arrested. The bills indicate a number of pages to a pager that was seized from Camara. I am satisfied that these pages were made by Jenkins to Camara.

Jenkins pages Camara on this date at 15:52 and 20:24. It shows the recipient in Vancouver. Camara calls Grandmaison. Camara says "I need'd ya' way long time ago ... there's a five o'clock deadline on uh, on that thing... I'm gonna come and talk to you and then it probably won't take no longer than twenty-four ... I'll see you later on today, I'm just uh outta' the area a bit." At 22:25, police see Camara arrive at Grandmaison's residence in an Explorer.

He leaves at 22:38. [ 44 ] July 20: Jenkins pages Camara at 00:35 and 12:18. [ 45 ] July 21: Webber calls Grandmaison and Christina Khoury (who lives with Grandmaison). They arrange to meet. Grandmaison has just bought a condo. There are a few more calls on the way because Weber is lost. Lathangue calls Khoury, who says Grandmaison is too busy to talk. Webber calls Grandmaison and they arrange another meeting. Grandmaison calls Oulton. Grandmaison will stop by. [ 46 ] July 22: Lathangue calls Grandmaison.

Grandmaison says he did the "little circuit" the night before, and didn't go out until 11. (The last call between Grandmaison and Weber the night before was at 23:04, and they are about to meet.) They talk about the weak Canadian penal system. Grandmaison says more people would traffic if they knew how much money is made and the consequences of getting caught, Canada is almost a haven for drugs, and they have to change the laws here. There is talk about an upcoming trip, possibly a bodybuilding event.

Lathangue also mentions their other business dealings. (Charges against Grandmaison and Lathangue involving other drugs were stayed.) [ 47 ] July 24: Jenkins pages Camara at 23:51. [ 48 ] July 25: Camara calls Grandmaison about having something to eat. Grandmaison will call later. Camara calls Grandmaison a few hours later. He will stop by at Grandmaison's. Still later Grandmaison calls Camara. He'd fallen asleep. They arrange to meet. Grandmaison calls Oulton. Grandmaison will "quickly drive by". When he arrives in a pick-up, he asks for Araujo.

She is seen boarding the pickup carrying a large purse, and then going back inside. A half hour later someone identified as Camara goes to Grandmaison's apartment and then leaves in a black Explorer (Camara's vehicle was a black Explorer). [ 49 ] July 26: Grandmaison arranges to meet McMillan, and contacts Camara. Araujo calls Grandmaison, who tells her things are looking a little brighter and he will come see her in an hour. Camara calls Grandmaison, who will call back. Camara calls Grandmaison again. Jason Burnham calls Grandmaison. Grandmaison says "I gotta' g', maybe grab a bita' that contract off ya'".

He'll swing by. Burnham has to "go get it" and needs till four. Grandmaison wants it earlier because he's going up island. Camara calls Grandmaison. They are to meet the same place as yesterday. Grandmaison leaves a message for Camara that he needs another half hour. Oulton calls Araujo, who is with Grandmaison. A page to Grandmaison from the Oulton/Araujo pager says: 4 4900 2723 3886772 (the Caledonia phone number). Grandmaison pages Camara to meet. (Grandmaison has been collecting money over the past few days to give to Camara.)

[ 50 ] July 27: Camara leaves Grandmaison a message that things didn't go as planned. (Camara did not get the drugs.) [ 51 ] July 28: Jenkins pages Camara at 13:36 in Vancouver. Weber calls Grandmaison from near Grandmaison's building. Grandmaison will come down. Weber calls Grandmaison again to meet, about two hours after the last call. [ 52 ] July 29: Jenkins pages Camara at 12:58 and 22:18. Camara calls Grandmaison at 14:41, saying he has good news. The conversation continues: Grandmaison: what time should I Camara: Ah prob'ly in a, in a couple Grandmaison: Okay. We'll s...

Camara: Um, hey ah you know that ah sweater that I left that number twelve sweater. Grandmaison: Yuh. Camara: For soccer? Grandmaison: Yuh. Camara: Will you have that for me? Grandmaison: I should do yeah. Camara: Okay well please do all right 'cause I gotta do it again. Grandmaison: Okay Camara: I gotta go 'n ah, and play the soccer game again. Grandmaison calls McMillan and arranges to meet. Grandmaison arranges a quick meeting with John Johnson, and to have Oulton meet him downstairs at Caledonia. He receives a page from the Araujo/Oulton cell phone: 37000 8816167 (the Araujo/Oulton cell number).

Grandmaison tells Oulton "it's actually one and a ha', it's uh one and a half more". Oulton tells him to punch it in. Grandmaison sends the page 1 38500. (This is 1500 more than the last page. It is the price of a kilogram of cocaine.) [ 53 ] July 30: Jenkins pages Camara at 16:33. Camara and Grandmaison arrange to meet. Grandmaison asks an unknown male if he wants to go for a bite to eat. The male says the last meal was bad with lots of "send backs", kind of "puttyish". Grandmaison says "we'll go to your restaurant this time". They arrange a quick meeting.

Grandmaison calls an unknown male who says he wants "the usual". Camara and Grandmaison arrange to meet. Grandmaison tells Oulton to make sure to see him. "Jamie" tells Oulton he wants "the same platter as last time". A page from the Oulton/Araujo cell to an unidentified number: 113008060 (last 4 digits of the Oulton/Araujo pager) 1. Oulton calls Jamie saying he's short. [ 54 ] July 31: Jenkins pages Camara twice. Camara tells Grandmaison he wants to "swing by for that remainder".

Araujo and Grandmaison arrange to meet. Grandmaison tells Camara to come by at six. McMillan tells Grandmaison "I can't start trainin' without my gym bag..." Grandmaison asks if he wants another one. McMillan says he wants his gym bag. Grandmaison asks if he just wants his belt, or his wraps and "the whole shebang". McMillan wants everything. They are to meet the next day. August 1995 [ 55 ] August 1: Camara asks Grandmaison "have you got that all together so I can pay my telephone bill ...

Because I've already talked to 'im ... it's on it's way as as long as ah, as long as it's covered that's the only thing." Grandmaison says he's working on it, he needs a few hours. Camara has to know because "a couple of hours is when you'll see it". Grandmaison does not think there will be a problem. Grandmaison tells Robert McMillan he can "get you those parts today but, can you ah, pay pay me for those last parts?". McMillan says yes and they arrange to meet. Grandmaison receives a page with Camara's number and 999. Less than an hour later Camara is at Grandmaison's residence.

At 20:00 Camara calls Jenkins on his cell phone. Camara "came up one shy o' black jack right? I ho' is tha', that's enough right? To win the prize?". Jenkins says no. Camara is "one away". Jenkins "can't do it" ... it would be like uh, ooh, ten away ... plus change". Jenkins "had to get back last night man. Twenty nine to twenty two." They discuss how it can be done. At the end, Camara says "hold up ... I'll call ya back." There is a second call at 20:04. Jenkins tells Camara they are ten in the hole. Camara wants an hour. Jenkins "told him at eleven-thirty".

Jenkins says he can send over half the job "and then he owes you ten more dollars". He'd like them to be square, he doesn't like "anything in the books". They discuss whether Jenkins needs twenty-four or forty-eight - it's forty-eight. They discuss an arrangement with Nancy: Jenkins: ... to Nancy if you can ah, you know, borrow it ... Camara: um hum Jenkins: and then say ah, Wednesday Camara: um hum Jenkins: she'll be guaranteed to have half of it out of the way. Give you another ten on it and then next Tuesday you'll take care of her on um, on a , on a normal ah, on a normal thing... ...

They discuss postponing everything until the next day. Jenkins can't do that because he "hasn't paid a damn thing yet". He is going meet them tomorrow at one o'clock to "do the final signatures on the property". He says "we're not gonna' borrow anything from anybody". Jenkins will see if "Jackie" will wait till tomorrow. Grandmaison and Oulton arrange to meet. Grandmaison calls Camara and says he's pretty close. (Grandmaison is collecting money to give to Camara. Camara will give it to Jenkins so Jenkins can obtain a supply of drugs.) [ 56 ] August 2: Jenkins pages Camara twice. At 01:06 Camara calls Grandmaison.

They will meet in Grandmaison's lobby. At 16:40 Camara and Grandmaison arrange to meet. At 18:10 Grandmaison and Araujo are going to meet later. She asks "is it for sure" and he replies it is. At 21:08 Grandmaison and Weber arrange to meet. At 22:26 Grandmaison pages Camara: "Hey buddy I'm there now". (He has the money.) [ 57 ] August 3: Weber and Grandmaison arrange to meet. Weber is on his way. [ 58 ] August 4: Camara and Grandmaison arrange to meet. A few hours later, Camara tells Grandmaison "give me a shout when you wanna go workin' out".

[ 59 ] August 5: Grandmaison and Camara are to meet. Oulton calls Grandmaison who tells him to "cruise by here" before he goes to a movie. Oulton gets a call from Juan Barreda. Barreda says Cirilo had good things to say. Oulton says "doesn't matter". Barreda: ... are you sure, okay. Oulton: Doesn't matter like if, if you want to go ahead but I mean it doesn't matter. Barreda Oh no no no, no no no, like I wanna get your stuff man. Oulton: Oh yeah. Barreda: Like I don't trust Cirilo ... They arrange for Barreda to stop by. [ 60 ] August 6: McMillan arranges to meet Grandmaison at Grandmaison's residence.

About an hour later, an unknown male leaves Grandmaison's residence. Camara leaves Grandmaison a 999 message. A bit later, Camara tells Grandmaison to wait, he's running late. Eighteen minutes later, a black pickup registered to Grandmaison arrives at Kimta Road, Grandmaison's apartment. Less than an hour later Camara arrives in his black Explorer. He leaves 17 minutes later. [ 61 ] August 7: Grandmaison and Camara arrange to meet early the next morning. Michael Christian tells Grandmaison "that champagne you ga' me the other day was excellent eh?" He wouldn't mind drinking two bottles today.

Grandmaison says sure - call later. Grandmaison and Jason Burnham arrange to meet at a gas station. Kevin Psaila calls Grandmaison and Burnham is there. They say the following: Burnham: ... lotsa rock oh what's all that? Grandmaison: Not very much in there it's just, open it up look at it. Burnham: I can see it all ... it's a different colour. Psaila: What are you talking about? Grandmaison will meet Psaila in half an hour.

Grandmaison and Oulton discuss how good the pizza was the night before. (I infer that the transaction went through, Camara got the drugs, and Grandmaison is distributing them.) [ 62 ] August 9: Grandmaison leaves Camara a message including "911". Grandmaison receives a page from the Oulton/Araujo cell phone: 16 9758060 (their pager number) 411. [ 63 ] August 10: Jenkins pages Camara. At 00:14 Camara calls Grandmaison. Camara "just got back". They have to work out at the gym the next day. Camara: ... you got my belt 'n everything right? Grandmaison: Yeah I... Camara: Got all that shit?

Grandmaison: Yuh gi.. give me a call in the morning. [ 64 ] August 11:

Camara and Grandmaison arrange to meet at 8 pm. [ 65 ] August 14: Camara wants to meet in five minutes, but Grandmaison cannot. He'll call when he has some time. Later they have a conversation, ostensibly about working out. Camara says he injured his leg, but in a couple of days he'll be "feeling about eighty percent and I don't know if that's good enough for you or not", but he can drop by and see if it's worthwhile. It's "still a couple of days from now", he has to put ice on his leg. Camara will stop over. Araujo and Grandmaison have a conversation in which they both say they're not doing well.

Grandmaison asks about the girlfriend in Vancouver Araujo was going to set him up with. Araujo hasn't heard from her yet. Grandmaison arranges to come over. (This conversation may be about a possible alternate source of supply.) Jason Burnham asks Grandmaison "done yet?". Grandmaison says early this week, times are tough but he wants to meet. Burnham refuses. Grandmaison says "it's brutal".

Burnham replies "Why didn't you tell me that 'cause I passed on something." Grandmaison asks him to phone the guy to see if he can get "tickets for all of us and we'll all go on holidays." Grandmaison tells McMillan he's not going to go out tomorrow but he'll "probably bring the truck in on, probably Wednesday or Thursday". Camara tells Grandmaison he's "not around" but he'll pop by in two days. [ 66 ] August 16: Grandmaison tells Burnham he's hoping for good news today. Grandmaison pages Camara. A few hours after their last call, Burnham calls Grandmaison again.

Burnham says he doesn't care if Grandmaison calls, and denies being desperate. [ 67 ] August 17: Grandmaison pages Camara three times. (Clearly, supply is short.) [ 68 ] August 18: Grandmaison pages Camara. Oulton calls Frances Smith, and says "add one to that". Smith says it's impossible, "that's all I have". Oulton says the winds have changed. They arrange to meet. Smith is going to "call the doctor" for Oulton and get back to him. [ 69 ] August 19: Smith and Oulton arrange to meet. Camara tells Grandmaison he went fishing all day and caught "some rock cod or something like that" and some crabs.

They arrange to meet. Grandmaison says he'll drop the crabs and stuff at home and drop by. [ 70 ] August 21: Someone named Terry tells Oulton she was out all night, "it's fuckin' dead as hell ... everyone had stuff but no one had money...". Oulton says he "doesn't care for explanations" and "I expect either that back or or the other." Jeffrey Hacock and Araujo arrange to meet. An unknown male says "they want more dope already ... what'd they get the first time, half a ball this time". [ 71 ] August 22: Camara speaks to an unknown male, who asks "Is this uncle V".

Camara says he'll be able to pop by tomorrow, and "how many minutes did you want me to stay over there?". The male replies four. Camara tells Grandmaison he is still working on things but will be able to tell first thing in the morning. Camara calls Jenkins: Camara: Hey you gonna be much longer? Jenkins: Naw I'm comin' down right now man. [ 72 ] August 23: Oulton tells Frances Smith he needs a proper page message. They arrange to meet with James (who is with Smith) in a parking lot in two minutes.

After this date there is a gap between wiretap authorizations. [ 73 ] August 25: Jenkins pages Camara. [ 74 ] August 29: Jenkins pages Camara. September, 1995 [ 75 ] September 1: Jenkins pages Camara three times. [ 76 ] September 6: Camara pages Grandmaison: 999. (This is a code to meet.) Grandmaison leaves a message for Camara to come around midnight. [ 77 ] September 7: Camara pages Grandmaison to meet. About an hour later, at 17:15, Grandmaison pulls up in his Nissan beside Camara's black Explorer near 203 Kimta (Grandmaison's residence). Camara walks toward the vehicles from the Kimta entrance.

About four hours later, at 23:13, Camara pages Grandmaison to meet. [ 78 ] September 8: Jenkins pages Camara. At 00:57, Grandmaison pages Oulton/Araujo. Police observe a meeting in the afternoon of Oulton, Araujo, Grandmaison and Khoury. [ 79 ] September 11: Grandmaison pages Camara. [ 80 ] September 12: Camara pages Grandmaison three times. Grandmaison pages Camara, saying he is still waiting for Rick to come over. [ 81 ] September 14: Jenkins pages Camara twice.

James tells Oulton "... hoping you could put ah, ah I'll put somethin' in yours and you put somethin' in mine?" Oulton tells him to "punch me in and I'll punch you back" (i.e. page the order). One meeting is missed, and they arrange another. Oulton arranges a meeting with Fran. In another call, Oulton tells an unknown male to "just come over". At 23:13, Fran calls at Oulton's door - Oulton says he'll come outside. [ 82 ] September 15: Grandmaison leaves Camara a message to meet. Police observe a meeting of Grandmaison, Khoury and Camara at a video store at 20:45.

Oulton/Araujo page Grandmaison: 1200 4 8060 8816167. Grandmaison and Camara arrange to meet. [ 83 ] September 16: Grandmaison leaves a message for Oulton/Araujo that he'll see them later. Grandmaison and Camara arrange to meet. Rick Parsons arranges to meet Grandmaison. Grandmaison leaves two messages for Oulton/Araujo. [ 84 ] September 17: Grandmaison tells Araujo he's worked out a deal with a lawyer for them. They arrange to meet. Grandmaison leaves a message for Camara to meet the next day. Then there are various messages about meeting.

At 16:38 police see Grandmaison at a Payless gas station using the pay phone. Sometime later, Grandmaison approaches Camara's vehicle carrying a white bag. Camara closes the rear hatch.

Grandmaison confirms with Jason Burnham that Burnham "still wants that" and arranges to meet in a few minutes. Grandmaison and Araujo have a conversation about whether Mike (Oulton) wants another pair of spandex shorts like the one's Grandmaison gave him the night before. Grandmaison is later buzzed in. Grandmaison invites Camara (by message) to watch a movie. Camara leaves a message to cancel the movie, but have something to eat at 2:00 or 3:00 tomorrow. (Camara is waiting for some product.) [ 85 ] September 18: Oulton/Araujo page an order for four ounces to Grandmaison.

Grandmaison and Oulton arrange to meet and watch a video. [ 86 ] September 19: Camara leaves a message for Grandmaison that he will pop by at four. Oulton/Araujo page an order for four ounces to Grandmaison. Grandmaison arranges for Araujo to visit him. [ 87 ] September 20: Grandmaison cancels a meeting with Camara because "we're not gonna be ready to do anything". Araujo leaves a message for Grandmaison reminding him they are going to a movie tomorrow.

Araujo pages an order for 4 ounces at $4800 to Grandmaison. [ 88 ] September 21: At 02:25 police see Camara in his black Explorer arrive at a hotel on North Road, Coquitlam, and then at another hotel. At 11:44 the Explorer is near 2012 Highview Place, Port Moody. At 12:48 four males leave 2014 Highview Place and walk towards Camara's vehicle. At 13:45 Camara and a male go to Camara's car and Camara puts something in the back. At 14:46 Camara is at the ferry line-up. Police see Camara boarding the ferry for Victoria.

At 18:58 police see Camara use a pay phone near Sidney, then at Gorge Road, after which Camara meets Grandmaison near Grandmaison's residence for a few minutes. (Camara has picked up drugs, and provided drugs to Grandmaison.) Grandmaison pages Oulton/Araujo. Araujo pages the same order. She and Grandmaison arrange to meet. Shortly afterwards, Grandmaison is buzzed in. [ 89 ] September 22: Grandmaison arranges to meet Richard Weber, and is seen entering the same hotel room as Weber, room 170 of the Holiday Inn. Araujo tells Grandmaison she's not ready to watch part two but should be by tonight.

Jeff Hacock arranges to meet Araujo. Grandmaison pages Camara. [ 90 ] September 23: At 00:08 Camara tells Grandmaison he'll see him at 12:30, and to "give me a one for yes and a two for no". Grandmaison pages back one. At 00:15 Araujo pages Grandmaison. She then pages an order for 4 ounces at $5100. Grandmaison arranges to come by. At 00:30 police see Camara, Khoury, and Grandmaison meet at the video store. Khoury and Grandmaison drive to Caledonia. Khoury goes in while Grandmaison waits. Khoury is buzzed into Caledonia at 00:40. Shortly afterwards, she and Grandmaison drive away.

At 00:48 Camara is on the phone with an unknown male. The unknown male says he is counting money. Grandmaison pages Camara. [ 91 ] September 24: Richard Weber is arrested near Nanaimo. His truck was seen at the Holiday Inn earlier. On arrest, he has 3 ounces of cocaine, $1520, a business card with "Neil 881-3949" written on it, and a list of names and numbers consistent with a score sheet. [ 92 ] September 25:

Someone named Jaymer wants Araujo to meet someone who has "already sold them out". Araujo suggests referring him to Aaron. Grandmaison pages Camara, saying he's bored. [ 93 ] September 26: Hacock asks Oulton for help with Jamie, who has been getting into trouble and who owes money. Oulton/Araujo page Grandmaison: 8060 4 8 388-6772 (the Caledonia number). Araujo buzzes Grandmaison up at 21:43. Police see his vehicle outside. He leaves within 20 minutes. [ 94 ] September 27: Grandmaison pages Camara to meet. Oulton/Araujo page an order to Grandmaison. Jeffrey Hacock is buzzed in to Caledonia.

At 18:47 police follow and arrest Jeffrey Hacock after he leaves Caledonia. He has cocaine. At 19:40 Araujo pages a message to Grandmaison that he can reach her by cell phone. Later, Hacock calls Oulton saying he has to talk. They arrange to meet. Aaron Higgins tells Oulton that Hacock has been arrested. Kevin Hay arranges to visit Oulton. In a second call, Hay says "I only wanna' see like half as bad as what I said eh." [ 95 ] September 28: Grandmaison arranges to meet Araujo.

Grandmaison pages Camara to meet at the video store. [ 96 ] September 29: At 21:28 police see Grandmaison and Camara's vehicles parked at a video store. At 23:26 Camara speaks to someone called Rugge, who says Camara owes "his people" money. There is a long conversation, clearly but not expressly about trafficking. Rugge has paid them. Rugge says he got Camara started. He is upset because Camara now deals with someone else. [ 97 ] September 30: Oulton/Araujo page Grandmaison with their phone number, pager number and "2800". Grandmaison tells Araujo he'll see her in five minutes.

October, 1995 [ 98 ] October 2: Oulton/Araujo page an order to Grandmaison for 4 ounces. Then, after two calls, one with Araujo and one with Oulton, a meeting is arranged at the video store. Shortly later a male and female believed to be Oulton and Araujo arrive at the store in a Honda registered to Araujo. Then Grandmaison, Khoury and Parsons arrive. Khoury opens the passenger door of the Honda. (These calls and events are illustrative, along with much of the other evidence, of Oulton and Araujo working together.

I am satisfied they were carrying on a joint enterprise.) [ 99 ] October 5: Mike Christian gives Grandmaison directions to a meeting in an out of the way place. [ 100 ] October 6: Darren Mellet arranges to meet Oulton for a caesar salad. Oulton/Araujo order 4 ounces from Grandmaison twice by pager. [ 101 ] October 7: Oulton/Araujo page an order for 4 ounces to Grandmaison, twice. [ 102 ] October 8: Oulton/Araujo page an order for 4 ounces to Grandmaison; later there is a 911 message left. Finally, Araujo leaves a message asking when they can see the movie they were supposed to see last week.

He responds maybe tomorrow. Wayne Turner wants to see Oulton, who is at his parents' home. Oulton tries to make a referral to a friend, but Turner "don' like dealing with those guys". He has "three bills". Turner accepts a referral to Aaron because "we need some shit right now". Aaron Higgins calls Oulton to confirm the referral.

[ 103 ] October 9: Turner and Oulton arrange to meet. Turner only has "two". Oulton/Araujo page Grandmaison: 8 9600 8060 (their pager) 3886772 (their telephone). [ 104 ] October 10: Oulton and Turner speak. Oulton is annoyed with Turner because Turner also goes to someone else. Oulton wants to stay out of jail; he does not want to get mixed up in someone else's problems. Turner says "can you do somethin' for me right now?" and they arrange to meet. Oulton gives Aaron Higgins number to "Ben". [ 105 ] October 11: Oulton, Araujo and Grandmaison arrange to meet.

Police then observe the meeting at the video store at about 14:00. Ben wants to meet Oulton. Ben has "two eighty 'n tha's it". Oulton returns a page from Sylvia but she's already been helped by someone else. [ 106 ] October 12: Police see Oulton and Araujo in a Honda meet Wayne Turner, who reaches into the passenger side of the Honda. [ 107 ] October 13: Darren Mellett arranges to meet Oulton and Araujo after he goes to the bank.

At 16:05 police see Grandmaison, Khoury, Camara and an unknown male meet, and overhear Grandmaison say "I'll meet you at 9:15 and I'll bring the ..." Oulton and Wayne Turner arrange to meet in 5 minutes. Turner says "can you do me eight?". Shortly afterwards, Oulton is seen near a vehicle in which Turner is subsequently arrested. Police see Turner place an object behind him. Cocaine, a scale and a cell phone are found in the vehicle. Grandmaison pages a meeting time to Camara. Turner calls Oulton. Turner is worried about the phone line. They arrange to meet.

Oulton gets a second call from Turner, who wants to borrow money. His phone has been taken. There is a third call from Turner just before they meet. Oulton/Araujo page Grandmaison: 600 4800 8060 4. Grandmaison calls Oulton. They arrange to meet the next day. [ 108 ] October 14: At 01:20 Oulton and Darren Mellet arrange to meet. At 19:35, Oulton/Araujo page Grandmaison: 4 4800 911 8816167. A minute later, they arrange to meet. At 19:40 Oulton/Araujo page Grandmaison: 8 9600 8060 8816167. (The order has doubled.) At 19:53 they re-page this order: 8 9600 9999999.

At 19:55 police see Oulton, Araujo and Grandmaison meet in a parking lot. Grandmaison enters the rear seat of Araujo's Honda with a package. At 21:36 Grandmaison and Camara arrange a tentative meeting. At 23:01 Grandmaison pages Camara. They speak at 23:14. Camara says "don't say my name on the pager." They decide to meet the next day. At 23:19 Camara calls Grandmaison saying he forgot "that movie's due tomorrow". They arrange to meet in 10 minutes. At 23:32 police see them meet at the video store.

Camara also uses a pay phone. [ 109 ] October 15: Grandmaison and McMillan arrange to meet. [ 110 ] October 16: Grandmaison speaks to George Salvatore, from whom he used to order "pizza". Araujo and Higgins have a long conversation. Terrance, who seems to work off his debts to Araujo by cleaning, is missing. Sherry, who seems to owe money, will not be pursued because she posted Oulton's bail. [ 111 ] October 17: Oulton talks to "Mike", who seems to have a customer with a lot of cash. At 10:33 Camara speaks to an unknown male, who says they are ready.

At 12:59, Camara tells Lisa he's working - he has to make his money. Theresa calls Oulton and says she has lots of money.

[ 112 ] October 18: The police conduct surveillance of Camara. He uses a pay phone in Sidney. A Nissan registered to Jolene Irons arrives. The Nissan and Camara's Explorer proceed to a parking lot. Camara gets out of the Explorer and a woman believed to be Irons gets out of the Nissan. The Nissan is seen in the ferry lineup. The woman puts a black leather bag from the rear seat into the hatchback. She removes a brown paper bag from the top of a duffle bag, removes some clothing, puts in the paper bag and replaces the clothing. She travels to the mainland.

Later, her vehicle is parked at 3846 Carrigan Court, Burnaby (Iron's residence). [ 113 ] October 19: At 01:22 persons believed to be Irons and Jenkins leave Carrigan Court. Jenkins is in a Mustang. He drives to 2014 Highview place. Several hours later, the Mustang and Jenkins' Mercedes are at Highview Place. Later that night, Camara's Explorer is seen northbound on Highway 91 and at a pay phone. Grandmaison arranges a spur of the moment meeting with Robin Johnson. Araujo arranges a quick meeting with "Terry", and another with "Kevin".

In a call with Oulton, Kevin says "I wanted to see ya' the same way anyways". [ 114 ] October 20: At 00:20 police see Camara and Jenkins at a restaurant on the lower mainland with another male. At 01:20 their vehicles (Jenkins' Mercedes and Camara's Explorer) arrive at 2014 Highview Place, Port Moody. Jenkins walks directly in. The vehicles are observed for a further period. Jenkins drives the Explorer at one point and goes to 601 North Road, Coquitlam. Jason Burnham arranges a quick meeting with Grandmaison at the gas station. Police observe this meeting. Oulton wants to see Darren Mellett.

Mellett says he went out with Aaron recently and it was "the worst meal I've had in my life". They arrange to meet. Kevin tells Araujo he will punch in a message and drop by. Ben will punch in a message and meet Oulton. [ 115 ] October 21: At 11:43 a woman believed to be Irons is in a Nissan 300ZX registered to her. She leaves Carrigan Court, Burnaby. At 15:07 Camara and a male are seen in a restaurant. Sometime later, the Explorer arrives at Highview Place. Grandmaison is arranging through Robin Johnson to meet someone else. Araujo pages Grandmaison wanting to meet for dinner or a drink.

Oulton/Araujo page Grandmaison: 3600 5 8816167. Araujo wants Higgins to "punch it into mine" so she can "figure out what I'm gonna do with people today". Higgins replies "exactly the same". [ 116 ] October 22: Grandmaison pages Camara. At 20:40 police see Camara in a parking lot in Victoria. He uses a pay phone. At 22:00 Grandmaison phones a payphone but doesn't get through. One minute later Grandmaison pages Camara asking for another number. [ 117 ] October 23: Police see Camara rent an Astro van in Victoria. He takes the ferry to Vancouver. He then travels with someone consistent with Jenkins' description.

Grandmaison pages Camara: 555 911. Judging from other pages in context, this is a request for an urgent meeting. Meanwhile, Grandmaison is getting messages from various people. Later, Grandmaison pages Camara again, saying it's urgent. What is probably an order is paged to Higgins pager, sometimes used by Oulton. Oulton/Araujo page Grandmaison: 10 12000 881 6l67 (An order for 10 ounces). The order is repeated a minute later, leaving the pager number. Araujo pages Grandmaison about seeing a movie. Grandmaison pages Camara, asking for confirmation that Camara is getting his messages.

At 23:57, Grandmaison and Camara speak. Camara tells Grandmaison his buddy got front row Grizzly tickets. Grandmaison says they should go for lunch. Camara says later than that, and asks Grandmaison if the landscaping job came through. Grandmaison is waiting to hear. Camara says "those bosses" always want to check around for cheaper prices. [ 118 ] October 24: At 06:58 police see the Astro van arrive at 2014 Highview Place driven by someone believed to be Jenkins. Later, two people enter a restaurant from this van. At 10:21, the van enters Highview Place.

At 10:33, a person believed to be Camara leaves in the van. Oulton/Araujo page Grandmaison: 3886772 (their phone number) 10.

Grandmaison tells Robert McMillan he'll see him next week. Grandmaison calls Oulton at 20:54 saying he'll come by in ten minutes. At 21:04 police arrest Grandmaison in a Nissan 300ZX HCJ 007. After Grandmaison's pager is seized, a message is received from Araujo/Oulton: 16 9758060. That page is repeated twice. [ 119 ] After Grandmaison's arrest, there was a series of arrests, searches and seizures. [ 120 ] Seizures included the following: A. 114-3846 Carrigan Court, Burnaby Residence of Jolene Irons. Personal papers and a passport for Jolene Irons, including a tenancy agreement.

A medical document relating to Spencer Leslie, with the Carrigan Court address. 8 rolls of tape. Forensic evidence ties the tape on one of the bricks of cocaine seized from Camara's residence to this tape. 3 baggies of cocaine weighing 498 grams, 496 grams and 309 grams which, in terms of the diluent, are consistent with three kilograms of cocaine found at Camara's residence. If initially there were three pure kilograms, diluted to the degree of this cocaine and the cocaine found at Camara's residence, the amount produced would be approximately equal to the total seized from the two locations.

Small amounts of cocaine (under 15 grams) were found in the kitchen and living room at Carrington Court. Diluent, scales, cocaine handbook with fingerprints of Camara and Jenkins, metal press of the type used to repress cocaine. Honda CRX BBN 844 This vehicle was registered to Jolene Irons, and Jenkins and Irons were in it when they were arrested. Documents and credit cards of Jolene Irons. Cell phone with the number 488-4630. As noted, the bills for this number were found at Highview place and are in the name of Robert Jenkins. Black Mustang AKS 791 Registered to Camara. Jenkins had the keys on his arrest.

Found parked at Carrigan Court. Personal papers associated with Jenkins. Nissan 300ZX CHM 485 Registered to Jolene Irons. Documents associated with her. B. 2014 Highview Place, Port Moody Residence of Tiffany Leslie and her son Malcolm Jenkins. Documents show that Malcolm was Jenkins' son, and that he and Tiffany Leslie had just bought a home together. Numerous personal documents associated with Jenkins and Tiffany Leslie were found, as well as a few relating to the black Mustang, in Camara's name.

A Baretta handgun, Intertec .22 calibre submachine gun and a Browning .38 calibre handgun were found in a locked briefcase in the master bedroom. Camara's fingerprint is on the manual for the submachine gun. Black Mercedes BBN 936 Registered to Jenkins. Found parked at 2014 Highview Place. C. 301-601 North Road, Coquitlam Address used by Jenkins. Papers associated with him were found. Chevrolet Astro van NBR 840 Rented by Camara. Packing tape from one of the rolls in Carrigan Court. D. 1591 Judoba Place, Victoria Camara lived here.

Three individually wrapped bricks of cocaine of about one kilogram each were found in a closet outside his basement bedroom. Irons' fingerprints were on some of the tape wrapping. Some of the tape was matched to the tape at Carrigan Court. Documents associated with Camara were found, including two passports. E. 301-1007 Caledonia Avenue, Victoria Residence of Oulton and Araujo. Various papers and telephone numbers. $3600 cash, two switchblade knives, anabolic steroids. F. 302-50 Songhees Road, Victoria Grandmaison's residence.

$21,000 cash, jewelry, a scanner, documents consistent with score sheets, personal papers associated with Grandmaison and Khoury, steroids and growth hormones. A .25 calibre automatic pistol was in a night table drawer with one round in the chamber, four more rounds in the magazine and a loose round in the night table (transcript, January 28, 2002, evidence of Martin Stoner, p. 3). Conclusions - counts 1 and 2 [ 121 ] I am satisfied there was a conspiracy to traffic in cocaine as charged, bringing it to Victoria from the lower mainland and distributing it here. Applying the test in R. v.

Carter , I find on a balance of probabilities that each of the accused Jenkins, Camara, Grandmaison, Oulton and Araujo was part of the conspiracy, based on the evidence involving each of them separately (their own acts and words), taken in context. I am also satisfied beyond a reasonable doubt that each of them participated, based on the acts and declarations of the various accused in furtherance of the trafficking objective, and the material seized. [ 122 ] Respecting count 2, each of the accused before the court trafficked in cocaine.

The cocaine went from Jenkins on the lower mainland, to Camara, to Grandmaison, to Oulton and Araujo. [ 123 ] The evidence is cumulative, both as a whole and in terms of assessing the acts and words of each accused. There are a number of salient features. There were very frequent contacts between Camara and Grandmaison, and Grandmaison and Oulton and Araujo. Sometimes there were several in one day. The conversations tended to lack substantive content - they were in that sense in code.

Substitute expressions were often used, such as Camara telling Grandmaison he caught "some rock cod or something like that" in a conversation of August 19. Meetings occurred on the spur of the moment and were often very short - too short for normal social activity. No purpose was stated for many meetings. Meetings were delayed for unexplained or vague reasons. [ 124 ] There were patterns of conduct. For example, in the week or so leading up to September 21, there were numerous meetings or contacts arranging meetings between Grandmaison and Camera.

On September 17 Grandmaison approached Camara's vehicle with a white bag, after which the rear hatch of the vehicle was closed. On the same day, Grandmaison was confirming orders with others. Following this, planned meetings between Camara and Grandmaison were cancelled because, as Mr. Grandmaison stated on September 20 "we're not ready to do anything". On September 21 Camara was seen near Highview Place (Tiffany Leslie's residence). He and another male went to Camara's vehicle and Camara put something inside.

Shortly after Camara arrived back in Victoria, he was seen near Grandmaison's residence for a few minutes. In the days following, there were further meetings between Grandmaison and Camara. [ 125 ] As noted, there was very frequent contact between Grandmaison and Oulton and Araujo. The page messages Oulton and Araujo sent to Grandmaison are consistent with orders for cocaine. They tended to contain amounts in ounces, prices and telephone or pager numbers. In late September, there was a repetitive order for 4 ounces containing the digits 4 4800 on September 20, 4 4800 on September 21, and 4 5100 on September 23.

This reflects a change in price. Conversations between Oulton and Araujo and their customers indicate drug dealing. A paging system was also used with customers. After leaving their residence on September 27, Jeffrey Hacock was found with cocaine. [ 126 ] The evidence against Camara, Grandmaison, Oulton and Araujo is voluminous. The wiretap evidence, which I have summarized briefly, fills five binders and consists of over 400 calls and messages. The evidence is not consistent with any rational explanation other than their trafficking cocaine in Victoria.

Three kilograms of cocaine were found in Camara's home on October 25. The others were waiting to distribute it. [ 127 ] There is less evidence about Jenkins than about the other accused. He was not subject to a wiretap. The evidence of his pages to Camara assists. There is considerable surveillance evidence connecting him to Camara during crucial times. There are the weapons found at the home of Tiffany Leslie. They had a child together and had just bought a home. An Intratec semi-automatic gun and other firearms were found in the master bedroom. Camara's print was found on the manual for the Intratec.

Jenkins was associating with Camara. The conversations between Jenkins and Camara indicate their dealings. They are guarded and in code. The Crown submits Camara wasn't to call Jenkins except on pay phones. This is supported by the evidence. Jenkins, over several months, paged Camara a number of times, but never telephoned him. Camara, however, did telephone Jenkins at a few tense moments. Jenkins was using a vehicle registered to Camara and had the keys. In June, they were in Toronto. [ 128 ] Jenkins was tied to Jolene Irons. He was with her on his arrest. He was seen at her residence.

Cocaine, presses and other drug related items were found there. The Crown submission that Irons was Jenkins' courier is supported by the evidence. Her activities were confirmed by surveillance, but it was Jenkins who paged, met and spoke with Camara, and had the keys to Camara's vehicle. I am satisfied that Camara was supplied with cocaine by Jenkins.

Evidence about other persons present during surveillance on the lower mainland suggests that Jenkins may have been working with associates. [ 129 ] The second defence raised on behalf of some of the accused is that the evidence may show trafficking in steroids, not cocaine, and thus raises a reasonable doubt. There were steroids found when the searches in Victoria were done. Nonetheless, this contention is inconsistent with the evidence. Expert testimony indicated that steroids are trafficked more openly, often at gyms. Users go on complex programs, using various steroids and hormones in combination.

Orders like "4 4800" would be completely insufficient, but are consistent with an order for four ounces of cocaine. Three kilograms of cocaine were found in Camara's home. Descriptions from various customers are consistent with cocaine, not steroids. [ 130 ] Some of the accused may have trafficked in steroids, but the evidence I have summarized concerned cocaine. [ 131 ] The third defence raised, particularly by Oulton and Araujo, is that they may have been customers of Grandmaison, but were not part of any overall conspiracy as charged.

They didn't know Jenkins and they did not deal with Camara. [ 132 ] Counsel referred to a number of cases. In R. v. Longworth, Freeman, Newton and Wolfe (1982) 1982 CanLII 3764 (ON CA) , 67 C.C.C. (2d) 554 (Ont. C.A.) , a number of accused were charged with conspiracy to traffic in marihuana over a period of several months. Wolfe was the main wholesaler. The charge contemplated a general scheme for the distribution of marihuana. The evidence was that Newton arranged to purchase marihuana from Wolfe on one occasion, with an intention to resell it. In directing an acquittal of Newton, Martin J.A. said:

"I agree that it is not necessary to show that parties to a conspiracy were in direct communication with each other, or even that they were aware of the identity of the alleged co-conspirators. Moreover, it is not necessary to show that each conspirator was aware of all the details of the common scheme, but it must be shown that each of the conspirators were aware of the general nature of the common design and intended to adhere to it. ... Applying the reasoning in R. v.

Griffiths, supra, I cannot think that a retailer who merely purchases from a distributor a relatively small quantity of marihuana for resale to his customers thereby becomes a party to an over-all conspiracy having for its object the distribution of marijuana (which might involve millions of dollars worth) and to which the distributor, his supplier and all the distributor's customers are parties." (pp. 565-66) [ 133 ] R. v. Griffiths and others [1966] 1 Q.B. (C.C.A.) involved a scheme carried out by Griffiths, a supplier of lime, to defraud the government.

He contracted with a number of different farmers, in different regions, to supply lime. There was a subsidy available and forms were completed to obtain it. The allegation was that fraudulent information was submitted to obtain monies to which the parties were not entitled. The evidence did not show that the farmers knew about each other. In these circumstances they could not be convicted of being part of a general conspiracy. They did not have any common criminal purpose. At most, they may have been part of separate conspiracies with Griffiths or his bookkeeper. [ 134 ] Griffiths is an example of what H.

Groberman (now Mr. Justice Groberman) calls a rimless wheel conspiracy in his

article " The Multiple Conspiracies Problem in Canada" (1982), 40 U.T. Fac. L. Rev. 1, and illustrates the problem associated with conspiracy charges in those circumstances. [ 135 ] R. v. MacDonald (1963) 1963 CarswellBC 211 , 10 C.C.C. (2d) 488 ) (B.C.C.A.) also illustrates this point. The accused in a wheel conspiracy for the distribution of heroine were acquitted on appeal. H. had left caches of heroine in various places which were picked up by various accused.

Bird, J.A. said for the Court: "The Crown's difficulty with the evidence in the case at Bar lies in the fact that it is just as reasonable to think that each person who picked up a cache did so because he was buying wholesale from Hill, a known distributor, with the purpose of diluting, capping and selling the drugs on his own account, and not as part of an overall plan relied upon by the Crown, or knowingly participating in a scheme for widespread distribution of drugs. ..." (p. 11) [ 136 ] In R. v. Kelly

(1984) CarswellSask 27 (Sask. C.A.) , Kelly had agreed to purchase marihuana from Scheuer, for resale. The Court quashed a conviction for conspiracy to traffic on the basis that the limits of the agreement proven were that Kelly would purchase some marihuana from Scheuer. At the time, "trafficking" did not include the purchase of prohibited drugs, and a mere agreement to purchase was not sufficient to show a conspiracy to traffic. [ 137 ] Counsel also provided a number of U.S. cases, for example United States v. Pressler , U.S. Court of Appeals, Third Circuit, Nos. 00-1824 and 00-2588, July 2, 2001.

The tendency there has been to look to various criteria to determine whether an accused participated in a conspiracy. In Pressler , the court mentioned shared packaging material, fronting (selling drugs on credit), the use of code (which indicates a degree of coordination and suggests the presence of a cooperative relationship), and the provision of physical protection. In U.S. v. Contreras , U.S. Court of Appeals, Seventh Circuit No. 2229, April 25, 2001, the court referred to prolonged sales together with the seller's knowledge of and a shared stake in the buyer's business.

Indicators included the length of the association, method of payment, standardized transactions, and the level of trust between the parties (p. 6). The courts look for an interlocking relationship "beyond individual buy-sell transactions" (p. 6). [ 138 ] The principle behind these decisions is that a person cannot be convicted of an offence more serious than the one committed, or different from the one committed.

Thus a customer or other participant in an illegal transaction may have an insufficient connection to the larger network for conviction, even where, for example, that person is buying drugs for resale. [ 139 ] However, a conspirator need not know the identity of or have dealings with everyone in the conspiracy. The personnel in a conspiracy can change over time. [ 140 ] I am satisfied that there was a single conspiracy here. The object was to obtain cocaine for the Victoria market and traffic it here. Jenkins and Camara got it to Victoria from the lower mainland. They knew it was for distribution.

Grandmaison got it from Camara and distributed it. He collected money to give to Camara, so that Camara could get the supply. Oulton and Araujo gave money to Grandmaison and got substantial quantities of cocaine from him for resale. They were not casual customers. They used a system of coded messages. They knew when supply was short. They provided money at those times so that new supply could be obtained. Grandmaison was called when Oulton got into trouble. Grandmaison made an arrangement with a lawyer for them. Their business was worth thousands of dollars.

At one point, they were negotiating the purchase of a kilogram of cocaine for over $30,000. [ 141 ] It is difficult to tell exactly how payment worked, except that, at least at times, Jenkins insisted on full payment up front. Whether Grandmaison was providing drugs on credit to Araujo and Oulton ("fronting"), or getting full or part payment in advance, or both, is not clear from the evidence. What is clear is that he was getting money from them so he could give it to Camara for Camara to obtain the supply. The collection of funds was timed to obtain supply.

There was a close enough connection between the two ends of chain here (Jenkins, Araujo and Oulton) to form a single conspiracy. Likewise, there was a close enough connection for a conviction as co-accused in count 2. Count 6 [ 142 ] Mr. Grandmaison is charged with possession of property, money and jewelry, knowing all or part of it was obtained from the commission of an offence under s. 4 of the Narcotic Control Act , contrary to s. 19.1(2) of that Act. The Crown is not pursuing this with respect to jewelry.

[ 143 ] Possession is defined in s. 4(3) of the Code: "For the purposes of this Act, (

a) A person has anything in possession when he has it in his personal possession or knowingly (

i) has it in the actual possession or custody of another person, or (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and (

b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them." [ 144 ] The Narcotic Control Act adopts this definition (s. 2). The constructive possession defined in paragraph (

b) requires knowledge and a measure of control: R. v. Terrence (1983) 1983 CanLII 51 (SCC) , 4 C.C.C. (3d) 193 (S.C.C.) . This does not mean that an accused must actually have the benefit of an item or its proceeds: Re Chambers and The Queen (1985) 1985 CanLII 169 (ON CA) , 20 C.C.C. (3d) 440 (Ont. C.A.) . In Chambers , which concerned a preliminary inquiry on a charge of possession of narcotics for the purpose of trafficking, drugs which may well have belonged to her boyfriend were found in the bedroom of the accused. There were also other items associated with trafficking in the residence.

The circumstantial evidence tended to indicate knowledge. On the issue of control, Martin, J.A. said: "There was evidence that the room in which the drug was found was the respondent's room and, consequently, she could give or withhold her consent to the drug being in her room. Mr. Code contended, however, that the respondent's control over the room where the cocaine was found cannot be equated with a measure of control over the drug itself which he said imports the right to the benefit of the drug or its proceeds. We disagree.

In our view, the respondent's right to grant or withhold her consent to the drug being stored in her room gave her the necessary measure of control over the drug essential to constitute "consent" within s. 3(4)(b) [now s. 4(3)(b)] of the Code. ..." (p. 446) [ 145 ] I am satisfied that all or part of the $21,000 found in Grandmaison's residence was obtained by drug trafficking, and that Mr. Grandmaison had control of it. Mr. Grandmaison shared his residence with Ms. Khoury. The evidence shows that Mr. Grandmaison was trafficking in significant amounts of cocaine since June of 1995.

He would contact his customers and then obtain supply from Camara. Camara had just obtained a large supply of cocaine, and was about to supply at least some of it to Grandmaison. The funds found were in cash. There is no other rational conclusion than that at least part of these funds were obtained from trafficking. The evidence discloses no other explanation for the $21,000. I find Mr. Grandmaison guilty of this charge. Counts 7 and 8 [ 146 ] Mr.

Grandmaison is charged with possession of a restricted firearm for which he did not have a permit, contrary to s. 91(1) of the Criminal Code . [ 147 ] As noted, there was a .25 calibre handgun found in Mr. Grandmaison's residence. It was in a night table drawer with one round in the chamber, four more rounds in the magazine and a loose round in the night table. I am satisfied it was his, based on its location and the fact that he was trafficking in drugs at the time. I refer to the expert evidence of Officer Gately (transcript, October 3, 2002) regarding the use of firearms in drug trafficking.

Barry Alexander, the firearms expert, identified it as a Tanfoglio model GT 27. He said it "was designed and intended by the manufacturer to be aimed and fired by the action of one hand, and it is capable of causing serious bodily injury or death to a person" (transcript, November 4, 2002, p. 12). I am satisfied from his evidence that it is a restricted weapon as defined in the Criminal Code in 1995, and that he is guilty of this offence. He is also guilty of count 8, careless storage of this firearm, contrary to s. 86(2). Count 9 [ 148 ] Mr.

Camara is charged with possession of cocaine for the purpose of trafficking, contrary to s. 4(2) of the Narcotic Control Act . I am satisfied the three kilograms of cocaine found in his residence were his. He had just returned from the lower mainland, where he was seen at Highview Place. The evidence shows he was about to distribute the cocaine through Grandmaison. I find him guilty of this charge. Counts 10 and 11 [ 149 ] Ms. Araujo and Mr.

Oulton are charged with possession of prohibited weapons, in count 10, a knife that has a blade that opens automatically by gravity or centrifugal force, and in count 11 a knife that opens automatically by hand pressure applied to a button, both contrary to s. 90(1) (

a) of the Criminal Code . [ 150 ] The two knives found in their residence fit this description. The evidence concerning the knives was given by Officer Loretta Smith on October 4, 2002 (transcript pp. 39 - 41). The issue is whether one or both of the accused had sufficient knowledge and control of the knives. The knives were found in a drawer near the stove in the kitchen. I am satisfied from all the circumstances Ms. Araujo and Mr. Oulton knew about the knives. They shared the residence and the knives were in the kitchen, not a sequestered place. I am also satisfied they had the requisite degree of control.

Each of them was allowing the knives to be kept in the kitchen drawer in their joint residence. I cannot make any finding on which of them used or intended to use these knives, but that is not necessary for a conviction: Re Chambers and The Queen , supra. I find them each guilty of these offences. Counts 14, 15 and 16

[ 151 ] Mr. Jenkins is charged in count 14 with possession of a restricted weapon, a semi-automatic Beretta handgun, without having a registration certificate, contrary to s. 91(1) of the Code. In count 15 he is charged with the same offence regarding a Browning semi- automatic handgun. In count 16 he is charged with possessing a prohibited weapon, the Intratec Model Tec 22 semi-automatic pistol, contrary to s. 90(1) . These were found in the home of Tiffany Leslie at Highview Place. I am satisfied they belonged to Mr. Jenkins. The evidence is not consistent with any other rational conclusion.

The papers found at the residence show that Robert Jenkins and Tiffany Leslie had bought a home together. They had a child. His personal papers at the residence and the other circumstantial evidence indicate he was residing with Ms. Leslie at least part of the time. Mr. Jenkins was trafficking in significant quantities of cocaine. Camara's fingerprint was on the manual for the Intratec pistol, and Camara was Jenkin's associate. I find Mr. Jenkins guilty of these offences. ____________________ A.I. Ehrcke, P.C.J.