Deborah Lyons-Batstone

The offender, a 29-year-old first-time offender, pleaded guilty to conspiracy to traffic cocaine and cannabis, possession for the purpose of trafficking, and possession of proceeds of crime.

The Crown sought 4.5 years imprisonment, while the defence sought a conditional sentence.

The court emphasized denunciation and general deterrence for mid-level drug trafficking operations motivated by profit.

Balancing the serious nature of the offences with the offender's guilty pleas, lack of prior record, and strong family support, the court imposed a global sentence of 4 years, reduced by 6 months for strict bail conditions, resulting in 42 months imprisonment.

The accused brought Charter applications alleging violations of their s. 8 and s. 9 rights during a drug trafficking investigation.

The police arrested one accused based on confidential informant tips and surveillance, and subsequently conducted a warrantless 'clearing search' of the accused's residence before obtaining a search warrant.

The court found the arrest was lawful and based on reasonable and probable grounds.

However, the court held the warrantless 'clearing search' violated s. 8 of the Charter as there were no exigent circumstances.

Despite the s. 8 breach, the court admitted the evidence under s. 24(2), finding the breach was not serious, the police acted in good faith, and the evidence was reliable and crucial to the prosecution.

The applications were dismissed.