The Ontario Court of Appeal has upheld the conviction of Nitish Verma, a Brampton realtor who was sentenced to seven years in prison after being caught with 14 kilograms of opium at Toronto Pearson International Airport in 2019. Verma, who has maintained his innocence, claimed he was duped into carrying the drugs, believing he was transporting Indian sweets for a family friend.
Verma’s legal team sought to overturn his conviction, arguing that the trial judge failed to properly instruct the jury on how to assess his statements made at the airport. However, a panel of three appeal judges ruled that while the instructions were not perfect, they were sufficiently clear, and his appeal was dismissed in a decision published Monday.
Verma, who immigrated to Canada in 2010, was working as a realtor in Brampton, Ontario, at the time of his arrest. He had returned to India in July 2019 to participate in arranged marriage discussions for his sister. Just before his flight back to Canada on August 3, 2019, he was asked by a close family friend to bring back sweets and gifts for relatives. Verma claims he had no idea the packages contained a black tar-like substance, later identified as opium, until border officers opened them during a secondary inspection.
Upon his arrival at Toronto Pearson Airport on August 4, 2019, Verma was stopped by Canada Border Services Agency (CBSA) officers, who found the large quantity of opium concealed in boxes inside his luggage. Additionally, two small baggies of opium were discovered in a shirt pocket and a fanny pack within his belongings. Prosecutors argued that this directly contradicted Verma’s claims of ignorance, suggesting he knowingly smuggled the drugs.
During his trial in 2023, an RCMP officer testified that Verma expressed fear, stating he could be in danger if the individuals involved found out he had been caught. Prosecutors cited this as an admission of guilt. However, Verma’s defense pointed out that police did not record his interrogation, despite him being in custody at the time.
The jury ultimately rejected his defense, finding him guilty of importing opium. Despite letters of support from family, friends, and colleagues highlighting his volunteer work at a local temple, soup kitchen, and with the Liberal Party during the 2021 federal election, Ontario Superior Court Judge Lucille Shaw sentenced him to seven years in prison.
At sentencing, Judge Shaw called the case “tragic”, noting that Verma “had a bright and promising future” but now faces devastating consequences, including automatic deportation upon completing his sentence due to his non-citizen status.
Verma’s lawyer, Mark Halfyard, expressed disappointment in the court’s decision and indicated that further legal options, including an appeal to the Supreme Court of Canada, are being considered.