Simone Foster v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Criminal law - Offences, Elements of offence - Criminal law – Offences – Elements of offence – Conviction for importing cocaine – Whether importing is a continuing offence – At what point do goods enter the country – What is the time period for considering whether an accused who imports contraband under duress had a safe avenue of escape.
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The applicant, Ms. Foster, left Toronto to visit some relatives in Jamaica. While Ms. Foster was in Jamaica she socialized with D.J. a few evenings. According to Ms. Foster, D.J. told her that he wanted her to bring something to his friend in Canada. That “something” turned out to be cocaine. According to Ms. Foster, D.J. made some threats including harm to Ms. Foster, and to her relatives in both Jamaica and Toronto. The next day, D.J. provided Ms. Foster with the bra in which the cocaine was secreted, as well as a second bra and a shirt to wear over it. He drove her to the airport. He reiterated his threats and reminded Ms. Foster that she would be under surveillance during and after the return flight to Toronto. In Toronto, at the secondary inspection, a clothing oddity led to her detention. A pat-down search led to her arrest, and a strip search. The strip search revealed that the bra Ms. Foster was wearing contained 1.2 kg of cocaine. Ms. Foster did not notify anyone about her predicament. After a trial by judge and jury, Ms. Foster was convicted of importing cocaine. Ms. Foster’s conviction appeal was dismissed.
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