The accused pleaded guilty to multiple counts of possession of cocaine, oxycodone and hydromorphone for the purpose of trafficking, possession of proceeds of crime, and breach of house arrest bail after resuming trafficking shortly after release.
The court held that Gladue principles were not engaged because Indigenous ancestry was not established on the record, though the accused's background of trauma, addiction and economic disadvantage remained relevant mitigating circumstances.
Emphasizing denunciation and deterrence for mid-level trafficking in hard drugs, and treating the continuation of trafficking while on bail as a serious aggravating factor, the court found that a conditional sentence was neither available nor fit.
A global penitentiary sentence of three years was reduced for harsh remand conditions, Summers credit, and restrictive bail credit, resulting in a final sentence of two years.
