Amanda Hauk

The two accused pleaded guilty to multiple offences involving trafficking in firearms, cocaine, and fentanyl.

The Crown and defence agreed on the base sentences but disagreed on the extent of credit for harsh pre-trial custody conditions at the Toronto South Detention Centre.

The court determined the fit sentences to be 6 years for the first accused and 7 years for the second accused, then quantified the 'Duncan' credit as a 1-year reduction for each accused due to the deplorable conditions, including frequent lockdowns and overcrowding.

After applying the 1.5:1 'Summers' credit, the remaining sentences were calculated.

The accused was charged with trafficking in a controlled substance (fentanyl and heroin) after delivering a package containing 494 grams of the drugs to an undercover officer's co-conspirator.

The accused admitted to transferring the package but claimed she did not know it contained drugs, asserting that an acquaintance had left it in her car and asked her to deliver it.

The court rejected her evidence as unbelievable, finding that she either knew the package contained illegal drugs or was wilfully blind to that fact, given the suspicious circumstances and the high value of the drugs ($39,500).

The accused was found guilty.

The accused was charged with multiple counts of drug trafficking and possession for the purpose of trafficking following an undercover police investigation.

The accused delivered cocaine and fentanyl to an undercover officer on four occasions after deals were brokered by a co-conspirator.

The court admitted the co-conspirator's text messages under the co-conspirator exception to the hearsay rule.

The court found the accused guilty on all trafficking counts, concluding he had knowledge of the illicit nature of the substances.

The court also found the accused guilty of possession for the purpose of trafficking regarding drugs found in an apartment, finding constructive possession proven beyond a reasonable doubt.

The offender, a medical doctor, was convicted by a jury of trafficking in fentanyl.

He participated in a scheme with a pharmacist and others, prescribing over 4,000 fentanyl patches for financial gain.

The court found his actions constituted a severe breach of trust motivated by greed.

Emphasizing general deterrence and denunciation, the court sentenced the offender to 12 years in prison, along with ancillary orders.

The offender, a pharmacist, was convicted of trafficking and possession for the purpose of trafficking fentanyl.

She participated in a scheme with a doctor and another individual to divert thousands of fentanyl patches using false prescriptions.

The court emphasized denunciation and deterrence, noting the severe breach of trust and the devastating impact of fentanyl.

Despite the offender's rare medical condition and lack of a criminal record, the court imposed a global sentence of 13 years imprisonment.

The defendant brought a pre-trial Charter application seeking to exclude evidence obtained from searches of his condominium pursuant to a general warrant and a search warrant.

The defendant challenged the validity of the warrants on facial and sub-facial grounds, arguing the affiant made misleading statements and omissions.

The court found that while there were some minor errors in the Information to Obtain (ITO), the affiant acted in good faith and the errors did not invalidate the warrants.

Applying the Debot test, the court found the confidential informant information was compelling, credible, and corroborated.

The court concluded the warrants were valid and there was no s. 8 Charter breach.

Even if there had been a breach, the court held the evidence would not be excluded under s. 24(2) of the Charter.

The application was dismissed.

The defendant brought a pre-trial Charter application seeking to exclude evidence obtained pursuant to various wiretap authorizations, general warrants, and search warrants, alleging violations of his s. 8 Charter rights.

The Crown conceded a s. 8 breach regarding a May 3, 2016 general warrant due to an error in identifying the specific condominium unit.

The court found that the other authorizations and warrants were validly issued and that the police did not act negligently or in bad faith.

Applying the Grant framework, the court concluded that the evidence obtained from the May 3, 2016 general warrant should not be excluded under s. 24(2) of the Charter, as the police acted in good faith and the evidence was highly reliable and important to the prosecution.

The application was dismissed.

The applicant, a doctor charged with fentanyl trafficking, brought a pre-trial motion under s. 8 of the Charter challenging several search warrants and the manner in which his electronic devices were searched.

The court upheld the initial transmission data warrants and the warrant to search the applicant's home.

However, the court found multiple s. 8 violations regarding the search of the electronic devices, including a lack of specific grounds to search all 15 seized devices, an overly broad authorization to search for photographs, the unauthorized obtaining of a medical software password from a service provider, and the failure to file a Report to Justice.

The application was allowed in accordance with these findings.

The applicant was charged with possession of MDMA for the purpose of trafficking and possession of proceeds of crime following a traffic stop.

The police stopped the taxi the applicant was in while responding to a 911 gun call.

The applicant brought a Charter application alleging arbitrary detention under s. 9 and unreasonable search under s. 8.

The court found the investigative detention and initial pat-down search were lawful.

However, the subsequent search of the applicant's knapsack in the vehicle violated s. 8, as immediate safety concerns had been alleviated.

Applying the Grant framework under s. 24(2), the court admitted the drug evidence, finding the police acted in good faith and society's interest favoured admission.