Ian Kostman

Two offenders were sentenced after a jury conviction for importing cocaine into Canada contrary to s. 6(1) of the Controlled Drugs and Substances Act.

Each offender attempted to import nearly four kilograms of high‑purity cocaine concealed in luggage after travelling from Panama.

The court reviewed the established six‑to‑eight‑year sentencing range for first‑offender couriers importing multiple kilograms of cocaine, emphasizing denunciation and deterrence.

Arguments that potential immigration consequences for one offender should justify a sentence below the range were rejected as speculative and inconsistent with proportionality principles.

Considering mitigating factors including lack of criminal records, the court imposed custodial sentences near the low end of the range.

The applicant brought a motion alleging a violation of his Charter right to be tried within a reasonable time under section 11(b).

He was charged with five counts of assault with weapon, eight counts of assault, and one count of uttering a death threat, arising from his operation of a martial arts instructional facility.

The Crown scheduled the trial for March 2013, approximately 21 months after arrest.

The applicant's counsel sought earlier dates but none were available.

The court found that the delay from when the parties were ready to proceed (January 2012) to the scheduled trial completion (March 2013) was approximately 14 months, well above Morin guidelines.

Considering the applicant's significant prejudice to both liberty and security of the person interests, the court granted the motion and stayed the proceedings.