E. Gilman

The offender pleaded guilty to possession of cocaine and marijuana for the purpose of trafficking.

The Crown sought a four-year sentence, while the defence sought a conditional sentence or two years.

The court found that a four-year sentence was appropriate given the significant quantities of drugs involved.

However, the court granted enhanced credit for pre-sentence custody, strict bail conditions, a s. 10(b) Charter breach regarding the right to counsel, and the harshness of serving a sentence during the COVID-19 pandemic.

The final sentence imposed was three years in custody.

The accused was charged with trafficking cocaine following an undercover operation and a subsequent search of her residence.

At trial, she brought a Charter application alleging violations of her rights under s. 8 and s. 10(b).

The court found that the police violated s. 8 by failing to show her the search warrant upon request and by conducting a strip search in a vestibule lacking adequate privacy.

The court also found a s. 10(b) violation due to an unreasonable three-hour delay in facilitating access to duty counsel.

Applying s. 24(2), the court excluded the evidence seized during the search, resulting in acquittals on several counts, but found the accused guilty of the initial trafficking offences.

The applicants, charged with drug trafficking and importation offences along with seven co-accused, brought an application for a stay of proceedings alleging a violation of their right to be tried within a reasonable time under s. 11(b) of the Charter.

The total delay was approximately 32.5 months.

The court calculated the actionable delay to be 8 months and 11 days, well within the Morin guidelines, particularly given the complexity of the case and the need to accommodate counsel for multiple co-accused.

The court also found that the applicants failed to establish any specific prejudice resulting from the delay.

The application was dismissed.

The offender was convicted of multiple counts of trafficking cocaine, possessing proceeds of crime, offering to transfer a firearm, and possession for the purpose of trafficking following an undercover police operation.

The Crown sought a global sentence of five to six years, while the defence proposed a conditional sentence of two years less a day.

The court weighed the aggravating factors of the large quantity of cocaine sold against the offender's significant community volunteer work, minor dated record, and compliance with bail.

The court imposed a global sentence of three years in penitentiary, along with a ten-year weapons prohibition and a DNA order.