Canadian Lawyer

UPFRONT 4 www.canadianlawyermag.com PRAIRIES UPDATE THE MANITOBA COURT of Appeal has dismissed the appeal of a man convicted for cocaine trafficking and conspiracy. The conviction was the result of a police operation, launched when a civilian agent — with a history of drug trafficking and gang involvement — contacted the RCMP and offered his services as an informant. The agent contacted the appellant, Jared Devloo, and asked to buy cocaine. Devloo then had the agent purchase an encrypted Blackberry with which the agent con- nected with Jason Ong. With Ong, the agent arranged three cocaine transactions, totaling four kilograms and worth $212,000. The Crown argued that by connecting the agent and Ong, Devloo conspired to sell cocaine. Devloo's defence was that he merely introduced the two men, acting as an "agent for the purchaser." Devloo's lawyer, Eric Wach, says the agent-for-purchase defence is usually used in smaller transactions. When someone is arrested for assisting in a drug buy, the question is whether they aided in the purchase (and are party to the possession) or Appeal for trafficking, conspiracy dismissed defence. The Crown argued that once Devloo left the conversation, comments made by the agent and Ong were inadmissible hearsay and the trial judge agreed. On appeal, Wach argued that the post- Devloo comments should be subject to the co- conspirators' exception to the hearsay rule, an exception typically used to argue for the guilt of one co-conspirator by tying them to actions and declarations made by another. Wach, who has wide experience in drug cases, says it is unusual in a conspiracy for an accused co- conspirator to argue for the admissibility of comments made by co-conspirators, as "usu- ally, it's the opposite." Co-conspirator argued for co-conspirators' exception to hearsay rule aided in the sale (and are party to the traffick- ing), and the difference is typically between a fine and discharge and jail time. Wach argued that Devloo aided the purchaser and, because he was not being charged with that crime, he should be acquitted. During the RCMP investigation, the agent had used the encrypted messaging to try and implicate Devloo and the other co-conspir- ator Ong, who became suspicious that the agent was a police informant. Devloo then disposed of his encrypted device and, despite repeated attempts, the agent was unable to regain contact with him. The agent and Ong continued their dialogue. The agent ques- tioned Ong about Devloo's whereabouts and, in turn, Ong made several comments that Wach argued were supportive of Devloo's agent for purchaser defence. Ong said Devloo only introduced the agent to Ong's "superi- ors," that Devloo was not involved in the "day- to-day transactions" of Ong's group and that Ong did not know Devloo personally. The problem for Devloo was that these useful comments were inaccessible to his NEWS BRIEFS Former University of Saskatchewan law dean appointed to Senate Prime Minister Justin Trudeau has announced the appointment of Brent Cotter, whom the PMO calls "one of Canada's foremost legal ethicists," to the Senate of Canada. A member of the Saskatchewan and Nova Scotia law societies, Cotter was formerly Saskatchewan's deputy minister of justice, deputy minister of intergovernmental and Aboriginal affairs and deputy attorney general. Cotter will serve the Senate as an independent. Nunavut Program wins Arctic Inspiration Prize The University of Saskatchewan College of Law's Nunavut program was launched in September 2017 and is part of a partnership between the Nunavut Government, Nunavut Arctic College and the U of S. The program expects its first graduates in 2021. The school says it plans on using the $140,000 prize toward giving Nunavut Law Program students from Iqaluit experiential learning opportunities, academic support and other assistance. "[I]f a group of people get together and they all agree to achieve a common objective, then one person's comments should be able to be used against all members because all members joined and agreed to pursue this common objective." Eric Wach, Criminal Lawyer, Winnipeg

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