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