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No. 5963 (QL)
Court of Appeal for Ontario, [1999] O.J. No. 5585 (QL)
---FACTUAL BACKGROUND---
On January 18, 1997 officers from the Toronto Police Force set up an observation post in an unoccupied building across from a Subway sandwich shop (approximately 70 feet away) in an effort to detect illegal drug activity in an area where trafficking was known to occur. Constable Theriault, observed a the accused (a black male) in the shop. The Constable testified that he had a clear view into the shop and saw two transactions in which persons entered the shop and received a substance from the accused...
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