Her Majesty the Queen - v. -, 2018 SKPC 10

IN THE PROVINCIAL COURT OF SASKATCHEWAN Citation: 2018 SKPC 010 Date: February 9, 2018 Information: 90134133 Location: Kindersley _____________________________________________________________________________ Between: Her Majesty the Queen - and - Kaitlynn McCorriston Appearing: D. Quon For the Crown R. Hunter For the Accused JUDGMENT R.D.

JACKSON , J The Charges [ 1 ] The accused and Jesse Ouimet were charged on August 24, 2016 at Kindersley, with possession for the purpose of trafficking fentanyl, methamphetamine and cocaine contrary to s. 5(2) of the Controlled Drugs and Substances Act, SC 1996, c 19 as well as possession of a firearm for a purpose dangerous to the public peace and careless storage thereof, contrary to ss. 88 and 86(1) of the Criminal Code , respectively.

[ 2 ] Mr. Ouimet has entered guilty pleas for these offences and is currently serving a term of imprisonment at the Prince Albert Maximum Security Penitentiary. [ 3 ] The charges arose following an RCMP raid on August 24, 2016 on a mobile home trailer (“the trailer”) located at 82 Jackson Drive in Kindersley. The RCMP were acting on receipt of information from a confidential informant that an illicit drug operation was being conducted at this residence by McCorriston and Ouimet.

Theory of Crown and Defence [ 4 ] The Crown alleges an ongoing joint enterprise by McCorriston and Ouimet to traffic in narcotics, home-based from the trailer. The defence maintains there is insufficient evidence to establish possession for the purpose of trafficking or a joint enterprise implicating the accused and that, in any event, the accused had severed any connection to Ouimet by the offence date. Further, on the evidence, McCorriston was not in possession of the firearm nor was she responsible for its storage.

The Raid [ 5 ] Shortly after 8:30 a.m. on August 24, 2016 members of the RCMP detachments from Kindersley and Kerrobert forcibly entered the trailer to effect a search warrant. Ouimet was arrested on site. McCorriston was not present. Found on Ouimet’s person were the following: a) 10 tablets fentanyl in plastic bag; b) 2.5 grams methamphetamine in vial; c) 2 grams MDA in white vial; d) 5 grams methamphetamine packaged in 10 bags; e) 3 grams cocaine packaged in three bags;

f) black bag; g) 4.1 grams cannabis marijuana (Exhibit P-1). [ 6 ] Numerous items of drug contraband (subsequently analysed and entered through exhibit evidence at trial) and drug paraphernalia were seized from throughout the trailer and summarised in Exhibit P-1: Master bedroom - (subsequently determined to be McCorriston’s bedroom)

a) Surveillance video recorder;

b) Asus laptop;

c) Seagate external HD;

d) clear plastic container with residue;

e) cup with residue;

f) two spoons with white residue;

g) knife with residue;

h) digital scale;

i) blue glass pipe;

j) yellow sticky note with addresses;

k) SaskPower bill - 82 Jackson Drive in the name of Kaitlynn McCorriston dated July 16, 2016;

l) green notebook with score sheet;

m) blue notebook;

n) IBM laptop;

o) ladle with white residue; and

p) thin green one-half tablet - fentanyl with caffeine. Second Bedroom

a) ledger in black zip case; and

b) white powder from board. Third Bedroom - (subsequently determined to be Ouimet’s bedroom)

a) cell phone;

b) Dove bottle filled with $1,695.00 cash;

c) drug paraphernalia with marijuana;

d) SKS rifle;

e) SKS magazine and four bullets;

f) throwing knives with residue;

g) LG phone;

h) three bullets;

i) assorted bullets in orange container;

j) Blackberry tablet;

k) gun site;

l) one green tablet - fentanyl with caffeine;

m) extendable baton;

n) Samsung phone;

o) lock box containing assorted drug paraphernalia: Samsung Galaxy core phone, iPhone in orange and black case, green electronic scale, black scale with residue, blue/red cover, orange bag with packaging materials, 3 clear bags with residue, black capped vial with meth - 500 milligrams, 12 green tables of fentanyl, bag of cocaine (7.3 grams), 100 milligrams methamphetamine in bag, 3.2 grams methamphetamine in bag, white strips in a bag, one pill of oxycodone, bag with white residue, 2 metal “donut” cases. [ 7 ] Additionally, four security cameras were seized, one internal and three external which had not been installed by the landlord according to the evidence of Kurt Reimer on behalf of the owner company.

Upon entry to the trailer, it was observed that this surveillance equipment was operational. [ 8 ] Subsequent examination of the video evidence collected by the external cameras revealed the presence of a camper van (“the camper”) located in the yard site evidencing McCorriston receiving multiple visits in the days preceding the raid from various males and females. Footage from the internal cameras placed McCorriston entering the master bedroom and Ouimet coming and going from the third bedroom. Expert Evidence

[ 9 ] Constable Ryan MacLeod was qualified to give expert opinion evidence on drug usage and trafficking. Utilizing the information provided to him he generated an Expert Witness Report entered into evidence as Exhibit P-37. [ 10 ] Although Constable MacLeod’s file

summary in the report referenced August 11, 2016 as the date Kaitlynn McCorriston was arrested, this is clearly in error according to the evidence. No issue was taken, however, with any of the seized items being the subject of the within proceedings, listed as follows: 1) Drugs:

a) cannabis marijuana (i) 4.1 grams of rock cannabis marijuana in one package

b) cocaine (i) 10.5 grams of cocaine hydrochloride;

c) methamphetamine (i) 11.3 grams of methamphetamine

d) MDA (i) 2 grams of MDA

e) fentanyl (i) 23.5 fentanyl tablets

f) oxycodone (i) 1 oxycodone tablet 2) Cash: a) $1,695.00 Canadian currency; 3) Scales: a) 4 digital scales; 4) Score sheet a) 3 score sheets 5) cellular phones a) 5 cellular phones 6) Firearms and weapons

a) SKS rifle

b) throwing knives

c) baton 7) Packaging material

a) Ziplock bags [ 11 ] In this report, supplemented by viva voce evidence, Constable MacLeod analysed the nature and quantity of drugs seized, surveillance video from the trailer, cell phone text messages, cash seized, paraphernalia including score sheets, scales and packaging material and weapons found on site. His ultimate conclusion on the totality of the evidence was that drug trafficking was being conducted.

[ 12 ] Concerning the drugs found, the marijuana (4.1 grams), MDA (2 grams), and oxycodone (1 tablet) were all consistent with personal use.

The remaining drugs - 10.5 grams of cocaine (7.5 in residence - 3 on Ouimet), 11.3 grams of methamphetamine (5 grams on Ouimet and 6.3 in residence) and 23.5 tablets of fentanyl (12 on Ouimet and 11.5 in residence) were consistent with possession for the purpose of trafficking. [ 13 ] In cross-examination, Constable MacLeod conceded that his experience was based in and around Saskatoon and not Kindersley and that it would be conceivable that a heavy user could have such amounts of cocaine, methamphetamine and fentanyl for personal use.

His view however, was that such drugs are generally readily available and that users would not risk carrying such amounts for fear of being accused of possession for the purpose of trafficking. [ 14 ] The $1,695.00 cash found was consistent with the means in which drug dealers transact.

As well, the packaging and presence of scales, multiple cell phones, score sheets, and weapons were all consistent with drug trafficking operations. [ 15 ] An analysis of the surveillance video report whereby multiple comings and goings were observed to the camper for periods of short duration were also considered consistent with drug transactions, in Constable MacLeod’s opinion. [ 16 ] Also, text messaging passing between “K” and Ouimet, as found on Ouimet’s phone, evidenced a drug trafficking enterprise. These included:

a) text K to Jesse Ouimet: Hey you got beans pal. “Beans” are a common street slang for fentanyl pills.

b) text K to Ouimet: I’ll take some reloads if u still like me at all. Reloads are a common street slang for replenishing a supply of drugs to sell.

c) text K to Ouimet: Could I reload by chance bud. Again, reload is a common street slang for replenishing a supply of drugs to sell;

d) text Ouimet to K: I’ll bring reloads to u, what do you need. I believe this text message to Ouimet is asking what type of drugs he’d like to buy from her.

e) text Ouimet to K: New winds this time, umm bns may be winds, may be grls. Winds is short for windows which is a common street slang for methamphetamine, bns is short for beans which is a common street term for fentanyl pills. GRLS is short for girls which is a common street slang for cocaine.

f) text Ouimet to K: I’m going to give u 4 bills on top of this bean reload so I am cuffed half and I’ll do the other half next time that cool? Bills is a common street slang for cash currency. Cuffed is a common street slang for being supplied in advance of payment.

g) text K to Ouimet: I’m just glad it happened now before I went and got s new phone and bought that trailer and did a bunch of shit for you guys so we could do this team thing.

h) text K to Ouimet: she went around asking for prepays. She just left. I gave her 5 and a gram, but said with a smile Jesse has some if h need to send anyone to him, we are a team after all :). Five and a gram are a common street slang for drug weights. Constable MacLeod referred to numerous other text messages that he examined between K and Ouimet making reference to drug trafficking.

These text messages were consistent with what he has seen and reviewed in other drug trafficking investigations. [ 17 ] Near the conclusion of Constable MacLeod’s report he stated that persons may be users and traffickers in drugs and that the presence of use does not exclude trafficking. Civilian Evidence [ 18 ] Two civilian witnesses, Jesse Ouimet and Thomas Robbie were subpoenaed by the Crown. [ 19 ] Mr. Ouimet testified that he had known the accused for the past 15 years and that she sometimes went by the nickname “Kitty”, a name which he in fact had given her years before.

He also had a long term nickname “We-man”. He further confirmed that reference to “K” or “Kitty” in his phone directory and text messages referred to the accused, Kaitlynn McCorriston. [ 20 ] Mr.

Ouimet also specifically identified and acknowledged text messages from contact K: I’m just glad it happened now before I went in and got s new phone and bought that trailer and did a bunch of shit for you guys so we can do this team thing . [emphasis added] And further from contact K: She went around asking for prepay, she just left, I gave her 5 gram, but said with a smile, Jesse has some if h need to send anyone to him, we are a team after all :) [emphasis added] [ 21 ] A further exchange from Mr. Ouimet’s phone between he and K discussed a “Ford Escape” which Mr.

Ouimet also recalled her driving around that time. In this regard the Crown had tendered as an exhibit certified copies of a driver’s abstract and plate record (P-32), evidencing that McCorriston was the registered owner of a Ford Escape at that time. [ 22 ] In cross-examination, Ouimet acknowledged that McCorriston was a heavy drug user - to the point that he had serious concerns for her health. Further, that the accused was not at the trailer the day of the raid and that “boxes were packed”.

He also acknowledged that the accused “kind of” had been sleeping in a camper in the yard and that the camper had been gone for two days when the police arrived. [ 23 ] Thomas Robbie is an acquaintance of the accused, and had been identified by police on the video surveillance recordings as one of the individuals who had been coming and going to the camper in the days prior to the raid. [ 24 ] Mr. Robbie’s evidence was that he had visited the accused at 82 Jackson Drive over an approximate three month period prior to the end of August for the purpose of purchasing drugs.

He was aware that both Kaitlynn and Jesse were involved in illicit sales of drugs including crystal meth, fentanyl, cocaine and crack, which he actually saw and purchased from Kaitlynn. In this latter regard, he recalled that the accused had stated she was “like a pharmacy”. [ 25 ] He too considered the accused to be a significant drug user and that she went by the nickname “Kitty”.

[ 26 ] Mr. Robbie assisted the accused to relocate the camper on the day prior to the raid believing she was acting on some information she had received. In cross-examination, he acknowledged that as far as he knew, she was taking all of her possessions and not returning and that it seemed like she and Jesse were fighting “or there was some sort of disagreement between them”. Determination [ 27 ] The Crown has proven beyond a reasonable doubt that Kaitlynn McCorriston and Jesse Ouimet were acting in concert in a common enterprise to traffic in illicit drugs.

This is irrefutably established by the nature, quantity and quality of the drugs seized at the trailer where both resided, the presence of scales, score sheets, packaging material, security cameras, significant cash, drug paraphernalia, surveillance recordings documenting the customers coming and going, the text messages between Ouimet and McCorriston and others discussing sales of illicit drugs, the viva voce evidence of Ouimet and Thomas Robbie, and the expert opinion evidence of Constable MacLeod. [ 28 ] Further, drugs and paraphernalia were located throughout the trailer.

Internal video evidence showed both the accused and Ouimet coming and going in the common area. There is no doubt as to knowledge and control of the drugs by both. [ 29 ] What finally connects the dots to underscore the joint nature of the enterprise between Ouimet and McCorriston are the accused’s own text messages where she emphasized that she and Ouimet are a team. [ 30 ] Defence counsel argued that, irrespective, by the offence date of August 24, 2016, the accused had, in effect, abandoned or severed any such alleged relationship with Ouimet and vacated the premises.

Accordingly, none of the evidence seized ought to apply to her. With respect, the Court is unable to accede to this submission. The evidence simply does not support these inferences. [ 31 ] Kurt Reimer testified that his company had rented the trailer at 82 Jackson Drive to Kaitlynn McCorriston for a six month period which included the month of August 2016.

No evidence was before the Court that this tenancy was terminated by either the landlord or McCorriston prior to August 24, 2016. [ 32 ] The only evidence that McCorriston intended to abandon the premises came through Thomas Robbie who could only give qualified answers that as far as he knew she was leaving with all of her possessions. This, however, is refuted by the large number of personal items seized from the master bedroom of the trailer detailed in paragraph 6 above, including the power bill of July 16, 2016 for 82 Jackson Drive in Kaitlynn’s name.

Ouimet only stated that “boxes were packed” and no more, which at best, evidenced an intention to relocate at some point, if at all. [ 33 ] Nor was there any evidence to support that the business relationship of selling drugs between Ouimet and McCorriston was no longer in existence. The best evidence in this regard is some oblique reference by Thomas Robbie that Ouimet and McCorriston were fighting or that there was some sort of disagreement between them.

The only question remotely addressing this point put to Ouimet in cross-examination was that he and McCorriston were no longer friends, to which Ouimet in fact, disagreed. The accused herself did not testify. The Court is left only to rely upon her actions in beating a hasty retreat, apparently acting on a tip, according to Thomas Robbie. This is more indicative frankly of attempting to avoid arrest than anything else.

Conclusion [ 34 ] The accused and Jesse Ouimet resided together in the trailer at 82 Jackson Drive, which included the camper situated in the yard site, and continued to do so on August 24, 2016 where they maintained, in concert, an illicit drug trafficking operation. [ 35 ] The Court is satisfied on the whole of the evidence that the drugs cocaine, methamphetamine and fentanyl seized both within the residence and on the person of Jesse Ouimet on August 24, 2016, were possessed jointly by Kaitlynn McCorriston and Jesse Ouimet

for the purpose of trafficking. Accordingly, Kaitlynn McCorriston is guilty of counts 1, 2 and 3 of the Information. [ 36 ] The same cannot be said for the SKS rifle nor its careless storage. The gun was located under Ouimet’s mattress and only found after a second round of searching. There were no fingerprints on the gun, no video evidence of the rifle and no reference in the evidence that could impute knowledge or control of the rifle to McCorriston. The accused is accordingly found not guilty of counts 4 and 5 of the Information. ______________________ R.D. Jackson, J