The trial judge set out the elements of the offence of conspiracy, stating that the Crown had an obligation to prove
beyond a reasonable doubt that (1) there was a conspiracy
among two or more persons; (2) the conspiracy was to import
a narcotic into Canada; and (3) Gopie and Sargeant were members of that conspiracy. He reviewed the evidence relating to
the first element and said that if the jury accepted Fraser’s testimony about her dealings with Wilson in arranging for her to
bring back a narcotic from St. Maarten, they would “have no difficulty in determining that there was a conspiracy between Tara
Fraser and Ernest Wilson” to import a narcotic into Canada.
 The trial judge then told the jury that the “real issue”
they had to determine was whether Gopie and Sargeant were
members of that conspiracy. He explained steps two and three of
Carter, which would enable them to decide that matter.
 The trial judge instructed the jury that for a person to
be a member of a conspiracy, it is “essential” that they have
an understanding of the unlawful nature of the plan and voluntarily and intentionally join in it. He stated that, in any case, the
person must “actually agree and intend to agree to achieve the
common unlawful purpose”. He stressed that “mere knowledge”
of the common unlawful purpose did not make a person a member of a conspiracy and that “merely being present when something happens, merely acting in the same way as others, or
merely associating with others who are said to be members of a
conspiracy does not prove that a person has joined in the agreement with knowledge of its nature and purpose”.
 The trial judge then instructed the jury to consider Gopie
and Sargeant separately at step two of the Carter analysis —
only the evidence about what each said and did could be considered to determine whether that accused was probably a member
of the conspiracy.
 The trial judge then reviewed the relevant evidence for
Gopie and Sargeant separately.
 With respect to Gopie, the trial judge noted, among
other things, that Gopie’s involvement began in early or mid-November 2009 after the plan between Wilson and Fraser
became firm; when Fraser and Wilson met at McDonald’s, Gopie
drove Wilson to the meeting, using Wilson’s car; Gopie also drove
Wilson, in Wilson’s car, to Fraser’s residence and then to the
printing shop and a bank; Gopie stayed in the same Montreal
motel as Wilson and Fraser on the weekend that Fraser flew
from Montreal to St. Maarten; Gopie (and others) attended at
the airport with Fraser to see her off on her trip to St. Maarten;
Gopie drove Fraser’s car while she was in St. Maarten and when