The young person was found guilty of multiple offences, including possession of a fentanyl mixture for the purpose of trafficking and assaulting a peace officer.
The Crown sought a custodial sentence, arguing the offences were exceptional under s. 39(1)(d) of the Youth Criminal Justice Act.
The court found the gateway to custody was open due to the gravity of the offences, including weaponizing the drugs against police.
However, considering the young person's significant trauma, mental health diagnoses, and a Charter breach regarding the right to counsel during arrest, the court imposed a non-custodial sentence of 24 months' probation and a fine.
