Aaron Schacter

The Crown applied for a bail review of a release order for the respondent, who was charged with trafficking significant quantities of cocaine and fentanyl.

The Crown argued the Justice of the Peace failed to properly consider the tertiary ground for detention under s. 515(10)(c) of the Criminal Code.

The Superior Court of Justice agreed, finding that the Justice of the Peace failed to explain why detention was not required given the extremely strong Crown case, the gravity of the offences, and the public safety risks associated with fentanyl.

The application was allowed, the release order was vacated, and the respondent was ordered detained in custody.

The accused pleaded guilty to marijuana production and fraudulent consumption of electricity.

The Crown sought 18 months of incarceration, while the accused sought a conditional sentence.

The court imposed a conditional sentence of two years less one day with strict conditions, including 12 months of house arrest and electronic monitoring.

The court found this was a rare case warranting a conditional sentence despite the sophistication of the grow operation, the accused's prior record, and the aggravating features including a downed live electrical hydro line.

Significant mitigating factors included the accused's cognitive and emotional challenges stemming from a serious assault ten years prior, his willingness to take responsibility and warn police of dangers, and his motivation to earn money for family court litigation.