Detective Duffus

The accused was charged with multiple drug trafficking and firearm possession offences following an undercover police investigation.

The Crown sought to admit hearsay evidence from a deceased landlord who provided lease documents and statements linking the accused to two units where drugs and firearms were found.

The court admitted the hearsay evidence under the principled exception, finding it necessary and threshold reliable.

The court found the accused guilty of trafficking cocaine through the use of runners and concluded he had constructive possession of the drugs and firearms located in the units, rejecting the defence witness's claim of ownership.

The defendant was charged with possession of cocaine and crack for the purpose of trafficking, and trafficking.

The case involved a Charter application to exclude evidence (drugs and shipment receipt) due to a s. 8 Charter violation by police for failing to file a timely Report to Justice.

The court found a s. 8 violation but declined to exclude the evidence under s. 24(2) of the Charter, balancing the Grant factors, noting the police conduct was negligent but not serious, and the impact on the defendant was minimal.

On the merits, the court found the defendant guilty of trafficking, concluding that he was the person who dropped off the package and knew its contents, or was wilfully blind, based on circumstantial evidence including fingerprints and suspicious shipping practices.

The offender was found guilty of trafficking fentanyl and cocaine in association with a criminal organization.

The offender directed lower-level members, including youth, to transport and sell drugs in a vulnerable northern community.

The court weighed the significant aggravating factors of targeting a vulnerable population and involving youth against mitigating factors including harsh pre-sentence custody conditions and the offender's background.

The court imposed a total sentence of 13 years imprisonment, with an order that half the sentence on the criminal organization count be served before parole eligibility.