I. Revutsky

The accused pleaded guilty to two counts of trafficking in fentanyl after selling what he believed was heroin to undercover officers.

The court considered the presence of fentanyl as an aggravating factor but noted the lack of quantitative analysis regarding its concentration.

After applying enhanced credit for pre-sentence custody and harsh lockdown conditions at the Central East Correctional Centre, the accused was sentenced to a further 9 months in custody followed by 2 years of probation.

The accused pleaded guilty to two counts of trafficking in fentanyl.

The fentanyl charges arose after undercover purchases of heroin were analyzed and found to contain unknown amounts of fentanyl.

The court imposed a sentence of two years and 230 days pre-sentence custody credit (enhanced), followed by nine months incarceration concurrent on each count, for a total remaining custodial sentence of nine months, followed by two years probation.

The court considered the serious nature of fentanyl trafficking, the accused's prior criminal record, his age, his guilty plea, and mitigating factors including his support network and employment prospects.

A lifetime firearms prohibition under s. 109 of the Criminal Code was imposed, along with a DNA databank order.

The accused was charged with impaired driving and related offences.

He brought an application to stay the proceedings under s. 11(b) of the Charter, arguing unreasonable delay.

The total delay was calculated at over 44 months, with a net delay of over 30 months after deducting defence delay.

The court found the net delay exceeded the presumptive ceiling established in Jordan.

The Crown failed to establish that the transitional exceptional circumstance applied, as the delay was also unreasonable under the previous Morin framework.

The application was granted and the proceedings were stayed.