Brandt Holden Chu

This sentencing decision addresses the serious offence of trafficking fentanyl, highlighting the gravity of the crime and the moral blameworthiness of the offender, Jason Gallant, who pleaded guilty to four counts of trafficking fentanyl in 2023.

The court emphasizes the national crisis posed by fentanyl abuse and the necessity for denunciation and deterrence in sentencing.

Despite mitigating factors such as the offender's addiction, prior rehabilitation efforts, and health issues, the court imposes a two-year penitentiary sentence, underscoring the repeated nature of the offences, trafficking for profit, and the offender's concerning attitude towards the harm caused by fentanyl trafficking.

Hanad Abdirizak Ahmed pleaded guilty to three counts of trafficking fentanyl.

The court considered an Enhanced Presentence Report (EPSR) detailing the impact of anti-Black racism on the offender.

Aggravating factors included the gravity of fentanyl trafficking, the quantity involved (10.77 grams), and the repeated, profit-motivated "dial-a-dope" nature of the conduct.

Mitigating factors included a guilty plea, no prior record, struggles with addiction, strong family and community support, positive rehabilitative steps, and experience with anti-Black racism.

The Crown sought a three-year concurrent sentence, while the defence sought a two-year conditional sentence.

The court emphasized the deadly nature of fentanyl and the need for denunciation and deterrence, finding a conditional sentence inappropriate.

The defendant, Kelvon Clarke, was charged with possession of fentanyl for the purpose of trafficking and possession of proceeds of crime not exceeding $5,000.

Police executed a search warrant at an apartment, finding controlled substances and cash.

The Crown's case was circumstantial, relying on video evidence showing Clarke entering the building with a distinctive purple bag, which was later found in the apartment containing the bulk of the drugs.

The court found Clarke guilty, concluding that the only reasonable inference based on the totality of the evidence was his knowledge and control of the drugs, either through physical possession, constructive possession, joint possession, or aiding.

The defendant, Ikenna Nwene, was charged with importing 461 grams of heroin.

The package was intercepted by authorities, duties were paid, and it cleared customs before a controlled delivery was attempted.

Nwene attended to pick up the package with a fake driver's license in the consignee's name but refused to take it when he suspected the officer was undercover.

The court found that the physical element of importing was completed when the package cleared customs.

Based on circumstantial evidence, including the fake ID, his actions at the DHL store, and his attempt to discard evidence, the court concluded that Nwene was involved in the scheme and knew the package contained a controlled substance.

He was found guilty of importing.

The defendant, Rapinder Bains, applied for a stay of proceedings based on entrapment, arguing that police investigator DC Khan lacked reasonable suspicion when providing an opportunity to commit a drug trafficking offence.

The court found that DC Khan possessed the requisite reasonable suspicion, supported by a confidential human source (CHS) tip and prior text communications indicating drug trafficking activity associated with the target phone number.

The court emphasized that the defendant's unsolicited communication initiated the interaction and that the case did not involve random virtue-testing.

The application for a stay of proceedings was dismissed.