I.S. McMillan

The accused, Michel Bertrand, was charged with trafficking methamphetamine under section 5(1) of the Controlled Drugs and Substances Act.

An undercover officer sought to purchase drugs from the accused, who stated he did not sell methamphetamine but could introduce the officer to someone who did.

The accused then facilitated an introduction to a third-party vendor, Shaun Gravelle, from whom the officer directly purchased methamphetamine.

The court analyzed whether the accused's actions constituted trafficking or aiding and abetting trafficking.

Applying the principles from R. v. Greyeyes, the court found that the accused's conduct amounted to merely incidental assistance to the purchaser, not the vendor, and therefore did not meet the definition of trafficking.

The accused was found not guilty.

The accused, Jesse Lee Bernier (22) and Ty Roger Oliver-Morin (20), pleaded guilty to invitation to sexual touching and sexual assault of a 15-year-old female complainant.

The victim was highly intoxicated at a party, and the offences involved forced fellatio and unprotected vaginal intercourse.

The Crown sought three years imprisonment, while the defence sought two years less a day.

The court considered aggravating factors including the victim's age and vulnerability, the multiple assailants, and the severe psychological impact on the victim (PTSD, suicidal ideation).

Mitigating factors included the offenders' lack of prior criminal records, their young age, expressions of remorse, early guilty pleas, and time spent under stringent bail conditions.

The court emphasized denunciation and deterrence but also the principle of restraint for young first offenders and the objective of rehabilitation.

The offenders pleaded guilty to manslaughter and indecent interference with human remains following a joint submission.

Originally charged with first-degree murder, the Crown accepted lesser pleas due to evidentiary frailties.

The court accepted the joint submission, imposing a 10-year sentence for manslaughter and 3 years concurrent for indecent interference, with credit for pre-trial custody and Gladue factors for Aboriginal offenders.

The accused applied for a change of venue under s. 599(1)(a) of the Criminal Code in relation to charges of first-degree murder and offering an indignity to human remains.

They argued that extensive pre‑trial publicity, community hostility, and alleged inadequacies in the Sault Ste.

Marie courthouse facilities created a reasonable likelihood of juror prejudice and an unfair trial.

The court reviewed the governing jurisprudence on venue changes and the safeguards inherent in the jury selection and trial process.

It concluded that the applicants failed to establish, on a balance of probabilities, that community bias or prejudice could not be mitigated through those safeguards.

The court also found that the courthouse facilities were capable of accommodating the trial and that logistical concerns did not justify relocation.