The defendant, Christopher Lee Allan, was charged with possession of fentanyl, crystal methamphetamine, and hydromorphone for the purpose of trafficking.
He admitted to trafficking crystal methamphetamine but claimed personal use for the fentanyl and hydromorphone.
The court considered expert evidence on drug quantities and typical usage, which largely contradicted the defendant's claims for personal use of fentanyl.
However, due to uncertainties regarding the purity of the fentanyl, its potency when inhaled, and the impact of long-term usage on tolerance, the court found reasonable doubt regarding the trafficking intent for fentanyl and hydromorphone.
Applying the R. v. W.D. framework, the defendant was convicted of possession of crystal methamphetamine for the purpose of trafficking, and the lesser included offences of possession of fentanyl and hydromorphone.
