Karen E. Jokinen

The defendant, Dajour Campbell, was convicted after trial of possession of fentanyl for the purpose of trafficking, dangerous operation of a motor vehicle, and flight from police.

The conviction for simple possession of fentanyl was conditionally stayed.

The Crown sought a sentence of 6-8 years for the drug offence and a consecutive 4-month sentence for the driving offences.

The defence argued for a conditional sentence of less than two years for the drug offence, contending that Campbell's lack of knowledge that the substance was fentanyl (believing it to be Percocet) should mitigate his moral blameworthiness, and a concurrent 90-day intermittent sentence for the driving offences.

The court imposed a sentence of 3 years for possession of fentanyl for the purpose of trafficking, and 3 months concurrent for dangerous driving and flight from police, to be served consecutively to the drug offence, for a total of 39 months imprisonment.

The court rejected the argument that Campbell's lack of knowledge about the specific controlled substance (fentanyl vs. Percocet) mitigated his moral blameworthiness, citing jurisprudence that knowledge of a controlled substance is sufficient.

The court also declined to apply systemic racism as a mitigating factor without a demonstrated linkage to the offences.

The accused pleaded guilty to conspiracy to import fentanyl and its derivatives, possession of MDEA for the purpose of trafficking, and breach of probation.

The court found that the accused, aged 20 at the time of the offences, had imported fentanyl and other drugs from a Chinese mail order website and distributed them locally, contributing directly to five fentanyl overdoses in October 2016.

Despite his difficult childhood marked by parental drug addiction and death, and his current rehabilitative efforts, the court imposed a sentence of 7 years and 6 months imprisonment, emphasizing the serious nature of fentanyl trafficking and the need for general deterrence and denunciation in the context of the opioid crisis.

The accused was charged with trafficking fentanyl and tendering forged prescriptions after someone using his identity picked up fentanyl from a pharmacy.

The defence brought an alternate suspect application, arguing the accused's brother or another associate committed the offences using the accused's identification.

The Crown opposed the application on the basis of insufficient notice.

The court allowed the alternate suspect evidence, finding that formal application notice is not strictly required when the evidentiary foundation is clear and relevant.

Ultimately, the court found the Crown failed to prove identity beyond a reasonable doubt due to the circumstantial nature of the evidence and the plausible involvement of the alternate suspects.

The accused was acquitted.

The accused was charged with assault following an incident in which he ejected his former intimate partner from his home by tipping her mattress, causing her to fall to the floor.

The Crown proceeded summarily.

The trial turned on conflicting accounts of the severity and nature of the contact.

The court found that while the accused did eject the complainant from her bed, the force used was justified under the common law right of an occupier to eject a trespasser, as the complainant had breached the implied term of her licence to occupy the premises by engaging in egregious property damage and had refused repeated demands to leave.

The court rejected defences under sections 34 and 35 of the Criminal Code but found the common law defence available and applicable.

The defendant, Raymond Godreau, was convicted on 15 counts related to Fentanyl trafficking and forged prescriptions.

The scheme involved fraudulently obtaining Fentanyl patches using false patient identities, including his vulnerable mother, and then illicitly selling them for profit.

The Crown sought a sentence of 13 to 15 years, while the defence proposed 6 to 8 years, arguing for consistency with co-accused's sentences in R. v. Sinclair and R. v. Baks.

The court established a nine-year starting point for such offences, as implicitly affirmed by the Court of Appeal in related cases.

Finding a complete absence of mitigating factors and several aggravating factors, including exploitation of vulnerable individuals, trafficking in maximum strength Fentanyl, a prior drug trafficking record, and the commercial nature of the scheme, the court adjusted the sentence slightly upward.

Godreau was sentenced to ten years in a federal penitentiary, with a credit of 1460 days (four years) for time served, resulting in a remnant sentence of six years.

A lifetime weapons prohibition and an order to provide a DNA sample were also imposed.

The accused, a stepfather, pleaded guilty to sexual assault contrary to section 271 of the Criminal Code.

The victim was his stepdaughter, aged 13-15 years old at the time of the offences.

The assaults occurred between 2013 and August 2015 and included four incidents involving digital penetration and inappropriate touching.

The court considered the Charter right to the benefit of the lesser punishment under section 11(i) where the offence date straddled an amendment to sentencing provisions.

The court imposed an eight-month jail sentence followed by two years of probation, along with DNA order, SOIRA order for 10 years, and a five-year weapons prohibition.

Gene Cassidy, a former high school teacher, pleaded guilty to sexually exploiting a 17-year-old former student.

The court considered aggravating factors such as multiple incidents, grooming, significant age difference, gross breach of trust, community impact, and severe victim impact.

Mitigating factors included an early guilty plea, genuine remorse, no prior criminal record, good character, rehabilitative steps, compliance with restrictive bail conditions, and significant collateral consequences.

The Crown sought 18 months to two years less a day in jail, while the Defence sought 45 days or significantly less than 18 months.

The court imposed an eight-month term of imprisonment, a two-year probation order with specific conditions, a 20-year Sex Offender Registry Order, and a primary DNA Order, declining a mandatory or discretionary firearms prohibition.