Eric Gilman

The offender was convicted of possession of fentanyl for the purpose of trafficking after 6.79 grams of a fentanyl/heroin mix was found on his person.

The Crown sought a sentence of 4.5 years, while the defence sought time served of 3.5 years.

The court considered the offender's difficult background, schizophrenia, and status as an addict trafficker, alongside the highly dangerous nature of fentanyl.

The court imposed a sentence of 3.5 years (credited as time served) followed by 2 years of probation with strict conditions to address his mental health and addiction issues.

Three accused were tried for drug trafficking and proceeds of crime offences following a police investigation that resulted in three distinct seizures of cocaine and marijuana.

The court found the first accused not guilty, accepting his testimony that he was a 'blind courier' without knowledge of the drugs in the box he delivered.

The court found the second accused guilty of possessing cocaine found in a 'stash house', rejecting his cousin's exculpatory testimony and relying on circumstantial evidence of his control over the premises.

The court found the third accused guilty of possessing drugs found in his apartment, rejecting his testimony that the drugs belonged to a houseguest.

Four offenders with no prior criminal records were sentenced for their roles in a sophisticated commercial cocaine trafficking operation involving 43 kilograms of cocaine.

The court emphasized denunciation and deterrence as paramount principles for large-scale cocaine trafficking.

The directing mind received 12 years, a fully committed participant received 11 years, a trusted courier received 10 years (less pre-trial credit), and a minor participant whose vehicle was used received 6 years.

A forfeiture order was also made for the vehicle used in the offence.

The accused jointly applied under s. 24(1) of the Charter for a stay of proceedings on the basis that their right to be tried within a reasonable time under s. 11(b) had been violated.

The overall delay between arrest and scheduled trial was approximately 999 days (nearly 33 months).

Applying the analytical framework from R. v. Morin, the court assessed waiver, reasons for delay, and prejudice.

After deducting defence and neutral delay, the court found approximately 550.5 days (about 18.08 months) of Crown and institutional delay, which was only slightly above the guideline range.

Given the seriousness of the charges and the finding that most prejudice arose from the existence of the charges rather than delay itself, the court concluded the accused had not established a Charter breach.

The accused were arrested during a high-risk takedown following an undercover police operation targeting a ketamine drug transaction.

One accused was charged with trafficking and possession of marihuana, but the court found the Crown failed to prove his knowledge or involvement beyond a reasonable doubt, resulting in acquittals.

The other accused admitted to trafficking but brought a Charter application alleging police used excessive force during his arrest, including kicking him in the head while handcuffed.

The court found on a balance of probabilities that unknown officers subjected the accused to excessive and gratuitous force, breaching his s. 7 and s. 12 Charter rights.

Consequently, the charges against him were stayed pursuant to s. 24(1) of the Charter.