Kaila Wilowski

The offender was found guilty of trafficking fentanyl and cocaine in association with a criminal organization.

The offender directed lower-level members, including youth, to transport and sell drugs in a vulnerable northern community.

The court weighed the significant aggravating factors of targeting a vulnerable population and involving youth against mitigating factors including harsh pre-sentence custody conditions and the offender's background.

The court imposed a total sentence of 13 years imprisonment, with an order that half the sentence on the criminal organization count be served before parole eligibility.

The Crown appealed the sentence imposed on the respondent, who pleaded guilty to sexual interference.

The Crown argued the trial judge erred by departing from the parties' agreement on ancillary orders, specifically a section 161 prohibition and probation terms, without applying the Anthony-Cook joint submission standard.

The Court of Appeal dismissed the appeal, finding that the agreement on ancillary orders did not constitute a joint submission on the core sentence, as the parties disagreed significantly on the length of custody.

The Court also held that the trial judge's discretionary orders were not demonstrably unfit.

The Respondent Father brought a motion to enforce existing access orders for the child of the marriage and for a defined holiday access schedule, including police enforcement for access and an order for costs.

The Applicant Mother brought a cross-motion to vary the Father's access to remove overnight visits and to vary child support based on updated income.

The court found the Mother had a pattern of unlawfully withholding the child and had not properly brought her motion to change access.

The Father's motion for enforcement and a defined holiday schedule was granted, including police enforcement.

Child support was varied by consent.

The Father was awarded costs on a substantial indemnity basis.